Having bail refused can be devastating. For the accused person, it means remaining in custody while the criminal case continues. For their family, an immediate question is often: can we try again?

A refusal does not necessarily prevent another bail application in Victoria. However, the available pathway, legal requirements and timing need to be assessed carefully. The starting point is to understand the earlier decision and what can be done to address the court’s concerns.

Can you make a second bail application?

Sections 18–18AB of the Bail Act 1977 (Vic) deal with further applications after bail has been refused or revoked.

Section 18AA distinguishes a first or second court bail application since the person was taken into custody from later applications. It does not require new facts or circumstances for every second application. For later applications, new facts or circumstances may provide a pathway; other provisions address an earlier unrepresented refusal or a decision by a bail justice. The Act also preserves the right to apply to the Supreme Court.

These are rules about whether an application can be heard, not a guarantee that bail will be granted. Your lawyer needs to check the custody and application history, the relevant court and the legal tests that apply.

Start with the reasons bail was refused

Before advising about another bail application, we want to understand:

• Why was bail refused?
• Which risks or legal requirements concerned the court?
• What was missing from the previous release plan?
• What evidence was put before the court?
• What has changed, and what can now be supported by evidence?

Perhaps there was no suitable address. An intervention order may have prevented the accused from returning home. Treatment may have been discussed but not arranged. The court may have been concerned about contact with an alleged victim, previous breaches or a lack of practical support.

Until the earlier decision is understood, it is difficult to identify what needs to be addressed. Give the lawyer the previous application material and reasons for refusal if you have them, or explain who acted previously so the relevant material can be sought.

What has changed since the previous application?

Even where new facts or circumstances are not a threshold requirement, it remains important to reassess the weaknesses identified previously. Repeating an unworkable proposal does not resolve the underlying problem.

Developments worth discussing with the lawyer may include:

• A newly available and suitable address.
• Confirmed treatment or acceptance into a rehabilitation program.
• Reliable employment information.
• A clearer arrangement for family or community support.
• Relevant developments in the criminal case or its likely timetable.

Whether a development amounts to legally sufficient new facts or circumstances, where required, depends on the particular case. A longer bundle of documents or a differently worded argument is not necessarily enough.

Build a workable plan before returning to court

If the earlier proposal failed because accommodation was unsuitable, returning with the same address is unlikely to solve that problem. If treatment was needed but not arranged, the lawyer may need to explore what support is actually available.

Where an intervention order restricts residence or contact, it must be considered alongside any proposed bail conditions. A release plan needs to be lawful and workable in everyday life.

Our article on preparing a strong bail application in Victoria explains how accommodation, treatment, support and evidence can be assessed together.

Evidence should address the actual concern

There is a practical difference between saying that treatment might be available and providing confirmation that an appointment or placement has been arranged. Likewise, an accommodation proposal is clearer when the householder has agreed, the occupants are known and any restrictions have been checked.

The objective is not simply to collect more material. It is to identify evidence that addresses the particular reasons bail was opposed or refused.

Family members can help by identifying available support and documents, but should let the lawyer direct the preparation. They should not contact an alleged victim or approach witnesses to try to resolve concerns themselves.

Does the criminal case itself matter?

A bail hearing is not the trial, but the underlying criminal case still needs to be considered. There may have been developments in the evidence, the allegations or the expected timetable since the earlier application.

Your lawyer can assess whether those developments are relevant and how they should be presented. Bail should be considered as part of the overall defence strategy, rather than in isolation.

Can you apply to the Supreme Court?

In an appropriate case, an application may be made to the Supreme Court after another court has refused bail. The Supreme Court’s bail applications guidance explains that applications require supporting material and a court hearing.

The Court’s Practice Note SC CR 2 sets out filing, affidavit and procedural requirements. Your lawyer should advise which pathway is available and prepare the material for that court. Moving to a different court does not itself resolve the reasons for refusal.

Should we apply again immediately?

There is no universal answer. For someone in custody, every day matters. In some cases, another application should be prepared urgently; in others, an unresolved gap in the proposed plan needs attention first.

The useful question is: what needs to be addressed before the next application, and what can realistically be done now?

Do not wait to seek advice simply because you have not gathered every document. Our guide for families of someone remanded in custody provides a starting point.

Bail previously refused? Discuss the next application

Emma Turnbull Lawyers represents accused people in bail applications throughout Victoria, including matters in the Magistrates’, County and Supreme Courts.

Where bail has already been refused, our first task is to understand what happened, assess the available legal pathway and identify what evidence or practical arrangements need attention. Contact our team to discuss the next steps.

By the Criminal Law Team at Emma Turnbull Lawyers

This article contains general information only and does not constitute legal advice. Bail decisions depend on the charges, applicable legislation and individual circumstances.

Book your consultation today.