A member asked about 7 years ago


My son (19) was charged with armed robbery; his first offence as an adult. The police lied and said they brought him at 1.45 am to execute a children's warrant and that's how they identified him. That never happened. Anyway a search warrant was produced at 10.30am that morning and he was subsequently arrested. On Nov 16th he was bailed until Jan 31st. On Dec 2nd he failed to show up to a Children's Court case, one that he executed on his own 3 weeks prior. The officer put him back in jail. On Dec 9th he was led from the MAP and dealt with and released on the children's matters at Dandenong. On Dec 20th he was re arrested for not turning up to a bail hearing to get out of jail earlier that day. He is on remand still in Port Philip. What, if anything, can I do?

Law Advisor Research Team
Researchers at LawAdvisor

Hi there. A person charged with a criminal offence is usually entitled to be released from custody on bail if they sign an undertaking promising that they will appear in court at a later date to answer the charge.

In Victoria, a person who fails to comply with their bail conditions or fails to appear in court when required, can be arrested and charged with a further offence. Unless the person has a ‘reasonable cause’ for breaching their bail conditions or not appearing, the person may face a penalty ranging from an infringement notice to 12 months’ imprisonment. If your son breached his bail conditions or failed to appear in court when required, he would have been arrested and brought before a judge, magistrate or bail justice to determine whether his bail should be revoked.

It appears that your son’s bail was revoked and that he is now back in custody. He has the option of making a further bail application, but only if new facts or circumstances have arisen since your son’s bail was revoked, he was not represented by a lawyer when his bail was revoked, or the order revoking bail was made by a bail justice (rather than a magistrate or judge). If a further application for bail is made, your son (or his lawyer) would need to show cause why bail is justified. The court will refuse bail if there is an unacceptable risk that your son, if released, would fail to appear in court when required, commit an offence while on bail, endanger public safety or interfere with witnesses or obstruct the course of justice.

Suggested way forward

Your son has the option of making a further bail application, but he would need the help of a criminal lawyer to ensure he has the best chance of making a successful application. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.

Answered about 7 years ago   Legal disclaimer


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