When someone is in custody, their family will often ask: what can we do to help? A useful first step is to gather the information their lawyer needs to assess a workable bail application.

This checklist explains what to look for, who may be able to provide it and why it can matter. You do not need every item before contacting a lawyer. Start with what you know, identify the gaps and let the lawyer decide what evidence is needed.

For the broader legal strategy, read how we prepare a strong bail application in Victoria. This resource focuses on the practical information families can help organise.

Start with the basic case details

• The accused person’s full name and where they are being held.
• The court hearing the case and the next court date, if known.
• The name and contact details of their existing lawyer.
• Copies of charge sheets, remand documents and any current intervention orders that are already available to you.
• Whether bail has been sought before, and any information you have about the outcome.

Do not delay seeking advice because paperwork is missing. If you only know where your family member is being held, start there. Our guide for families of someone remanded in custody explains the immediate next steps.

Your bail preparation checklist

1. Confirm the proposed accommodation

Gather: the address, the names of other occupants, when the accommodation is available and confirmation that the person offering it has agreed.

Who can help: the family member, householder or accommodation provider offering the address.

Why it matters: an address needs to be genuinely available and suitable. Give the lawyer copies of any intervention orders or other restrictions that may affect who can live there or whom the accused can contact. Do not assume an address is workable until those conditions have been checked.

2. Identify employment information

Gather: the person’s role, usual hours, whether their job remains available and the contact details of someone authorised to confirm this.

Who can help: the employer, manager or relevant workplace contact.

Why it matters: the lawyer may need reliable evidence about employment and whether proposed bail conditions would fit the person’s working arrangements. Discuss any request for an employer letter with the lawyer first, including what information needs to be disclosed.

3. Record treatment and rehabilitation arrangements

Gather: existing appointment details, provider contacts and any confirmation of an assessment, treatment place or rehabilitation admission. Distinguish between an enquiry, an appointment and an accepted placement.

Who can help: the treating practitioner, counsellor or treatment provider, subject to the person’s consent and the provider’s requirements.

Why it matters: a confirmed arrangement provides different information from a general intention to seek treatment. Ask the lawyer what clinical material is relevant before commissioning reports or paying for a program.

4. Explain the support people can actually provide

Gather: the names and contact details of available support people, their relationship to the accused and the practical help each can offer.

Who can help: family members, community contacts or other people genuinely able to assist.

Why it matters: specific support may be more useful than a collection of general character references. For example, explain who can provide transport to an appointment, help with daily routines or assist with accommodation. Be realistic about availability and limits.

5. Flag health needs and existing medical care

Gather: information about significant health conditions, medication, treating practitioners and upcoming appointments that the lawyer should know about.

Who can help: the accused person and relevant treating professionals. Ask the lawyer how any sensitive records should be requested and shared.

Why it matters: health needs may affect the proposed release plan or the impact of continued custody. The lawyer should decide whether a report, letter or other medical evidence is needed. Avoid sending an entire medical history without discussing its relevance.

6. Describe caring responsibilities

Gather: a clear account of whom the accused cares for, the help normally provided and the current alternative arrangements.

Who can help: a family member, support worker or other person with direct knowledge.

Why it matters: practical details help the lawyer understand the responsibilities involved. Explain the actual situation rather than assuming that being a parent or carer will determine the outcome.

7. Preserve relevant case documents

Gather: existing court documents, relevant correspondence and any material the lawyer specifically asks you to preserve.

Who can help: the accused and their legal team. Tell the lawyer about potential evidence or witnesses.

Why it matters: the allegations and available evidence may affect the application. Families should not investigate the case themselves, approach an alleged victim or pressure witnesses. Preserve original material and let the lawyer decide how it should be obtained or used.

8. Note dates and outstanding arrangements

Gather: known court dates, treatment dates, accommodation availability and a short list of items that still need confirmation.

Who can help: the existing lawyer and the people responsible for the proposed arrangements.

Why it matters: a plan must work in practice. An appointment, bed or address that is unavailable when needed may require a different approach. The lawyer can assess any relevant delay in the criminal proceeding.

Keep the information organised

1. Make a short contact list. Identify one family contact and the people who can verify accommodation, employment or treatment.
2. Separate confirmed arrangements from possibilities. Clearly label what is available, what has been requested and what remains unknown.
3. Keep original documents. Retain complete messages and documents; do not alter them or remove context.
4. Ask how to send the material securely. Give sensitive information to the legal team through the channel they specify.
5. Tell the lawyer promptly if anything changes. An address, treatment placement or support arrangement may need to be reassessed.

More paperwork does not guarantee bail

The purpose of this checklist is to help your lawyer understand what is available. It is not a list of documents that every applicant must produce, and completing it does not guarantee release.

The Bail Act 1977 (Vic) governs bail decisions. The applicable tests and relevant evidence depend on the charges, the accused person’s circumstances and the particular application. The lawyer will decide which material addresses the issues in the case.

Get help preparing the application

Emma Turnbull Lawyers represents accused people in bail applications throughout Victoria. If someone you care about has been arrested or remanded, contact our criminal defence team to discuss the information available and what needs to happen next.

You can also read Victoria Legal Aid’s guidance on bail and release from police custody. Supreme Court applications have their own filing and supporting-document requirements; your lawyer can explain the process relevant to your case.

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.

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