The Bail Act 1977 provides a legislative framework to make a decision as to whether a person should be **granted bail** or **remanded in custody**. >[!WARNING] Attention to detail is key >This process requires your undivided attention. You must understand that remanding a person to stripping them of a number of human rights and therefore, the application requires a unique attention to detail. >[!HELP] What if I don't have unacceptable risk or scheduled offences? >Check out [[46.04 Bail & Remand Without Tests]] # PFSU Bail & Remand HUB I highly recommend you utilise the bail & remand hub put together by the PFSU. It is invaluable. - [PFSU Bail & Remand Hub](https://victoriapolice.sharepoint.com/sites/department-legalservices/SitePages/PFSU-Bail-%26-Remand-Hub.aspx) - Example Remand Brief - Remand Guide - Remand FAQ # Victorian Judicial College The College that tells Magistrates' how to do their jobs. They are a wealth of knowledge and provide great resources for the Bail Act, such as: - [A 'tracked change' version of legislation](https://www.judicialcollege.vic.edu.au/resources/bail-act-1977-track-changed-version), which highlights what parts changed during the March 24, 2024 reforms. - [Considerations for Aboriginal and Torres Strait Islander People](https://www.judicialcollege.vic.edu.au/resources/section-3a-bail-considerations) - [Key Bail Act Cases Post 2018](https://www.judicialcollege.vic.edu.au/resources/key-bail-act-case-summaries-post-2018-reforms) # Bail & Remand Guide The below guide are my own notes & recommendations on how to process a person who is in a remand disposition. Throughout my career, the places I have worked dealt with a large amount of offenders requiring remand & exposed me to a significant number of remand applications. - [[46.01 Bail & Remand Guide]] - [[Overview of Bail & Remand]] - [[Part 1 - Today's Incident]] - [[Part 3 - The Accused]] - [[Part 4 - Bail and Remand Applications (Briefs)]] - [[Part 2 - Outstanding Matters]] # Bail Legislation Summaries Specific summaries of sections in the act that have been made easier to read. As always refer to primary sources if in doubt. - [[30 - 39 Legislation/31 Legislation (Annotated)/Bail Act 1977/Bail Act 1977]]: provides summaries and notes on different parts of the legislation. - [Bail Act 1977 Section 3AAA - Surrounding Circumstances](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s3aaa.html) Outlines considerations for police to make during/prior to remand. - [Bail Act 1977 Section 3D - Flow Charts](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s3d.html) Legislated flow charts for assistance (**valuable**). - [Bail Act 1977 Section 4 - Entitlement to Bail](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s4.html) Everyone is entitled to bail, unless the Bail Act requires they be refused. - [Bail Act 1977 Section 4AA - When 2 Step Tests Apply](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s4aa.html) Explains when the two-step tests apply being: Show Compelling OR Exceptional Circumstances; AND Unacceptable Risk Test - [Bail Act 1977 Section 4A - Exceptional Circumstances Test](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s4a.html) Refers back to 4AA(1) or (2) for the circumstances required. - [Bail Act 1977 Section 4C - Show Compelling Reason Test](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s4c.html) Refers back to 4AA(3) or (4) for the circumstances required. - [Bail Act 1977 Section 4E - Unacceptable Risk Test](http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/vic/consol_act/ba197741/s4e.html) Outlines the unacceptable risk test, which is independent of the circumstances tests.