When a person is arrested for an offence, he or she is eligible to apply for bail.
If, as a victim of crime, you are concerned about your safety and feel a need for protection, you should inform the investigating officer or prosecutor. The investigating officer or prosecutor must ensure the authority hearing the bail application is aware of your safety concerns. The bail authority should take your safety concerns into account when determinining whether to release the person on bail and under what conditions.
In deciding whether to grant bail, a number of factors in addition to the safety of the victim are taken into account such as:
- the seriousness of the offending
- the likelihood of the accused absconding, re-offending or interfering with evidence and/or witnesses
- any previous occasions on which the accused may have breached a bail agreement
- any other relevant factors.
If granted bail, the accused person has to promise to appear in court when required. He or she may also be required to abide by a number of other conditions such as:
- reporting to police
- residing at a particular location
- abiding by home detention conditions
- not approaching or contacting the victim and other witnesses
- providing one or more sureties (who are people who agree to guarantee the accused person will comply with one or more bail conditions).
If the bail authority sets conditions all reasonable efforts must be made to notify you (the victim) of the outcome of the bail proceedings and, in particular, any condition imposed to protect you from the accused person (unless you indicate that you do not wish to be so informed).