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Key changes to bail in 2024

Information about the changes to bail that apply from 25 March 2024.

Amendments to the Bail Act commenced on 25 March 2024

Summary of changes

Removal of bail offences

It is no longer an offence to breach a condition of bail, and an infringement notice can no longer be served in those circumstances.

It is still an offence to fail to appear at court.

Changes to threshold for bail

The Act changes the threshold that applies to bail in some circumstances.

The Act also makes a range of changes that ensure people who commit minor offences do not get remanded. This includes people charged with certain offences under the Summary Offences Act (in some circumstances).

Unless the offences are ones specified in new Schedule 3 to the Act the person must be bailed. There are certain other qualifiers to this.

Relevant factors when determining bail

There has been a broadening of the factors that a bail decision maker must consider when making bail decisions. This is particularly the case with Aboriginal and Torres Strait Islander and child accused.

Name/definition changes

  • Undertaking of bail is now called a bail undertaking
  • Surety is now called a bail guarantee (the security) or bail guarantor (the person who provides the security)
  • The definition of Aboriginal person is broadened to include Aboriginal or Torres Strait Islander

Updated LawHub pages

The following LawHub pages have been updated to incorporate these changes:

Bail

What is bail?

Who makes bail decisions

Show compelling reason

Bail only in exceptional circumstances

Bail application

Opposing bail and prosecution evidence)

Aboriginal people and bail

Children and bail

Family violence and bail

Bail guarantor (formerly called 'surety')

Bail support program—CISP

Bail conditions

Variation of bail

Breach bail conditions

Fail to appear in court

When bail is refused

Right of appeal

Extension of bail

Bailed and arrested on another charge

Person on bail or parole

Forms for bail

References for bail

More information

Further information will be available on the VLA website from 25 March 2024.

Updated