What Happens If Bail Is Refused?
If you are asking what happens if bail is refused, the immediate consequence is that you will usually remain in custody until your criminal charges are finalised or you successfully obtain bail at a later date. This is known as being held on remand. While being refused bail is understandably stressful, it is important to remember that it does not mean you have been found guilty of an offence. It simply means the court has decided that, at this stage, you should remain in custody while your case proceeds.
At Wilkinson Lawyers, we regularly represent clients in bail applications throughout Ballarat, Melbourne and regional Victoria. If bail has been refused, obtaining legal advice as early as possible can help you understand your options and determine whether another bail application may be available.
What Does It Mean If Bail Is Refused?
When bail is refused, you are remanded in custody rather than being released into the community.
You will usually remain in prison until one of the following occurs:
you successfully apply for bail at a later date;
the prosecution withdraws the charges;
your matter is finalised by a plea or trial; or
you are sentenced by the court.
Being held on remand is not a punishment. Every accused person is presumed innocent unless and until they are proven guilty in court.
Where Will I Be Held?
After bail is refused, you will usually be transported from the police cells or courthouse to a correctional facility operated by Corrections Victoria.
Where you are housed depends on a range of factors, including:
your age;
your gender;
your security classification;
available accommodation; and
any medical or mental health needs.
Some people are initially taken to a reception prison before being transferred to another correctional facility.
Can I Apply for Bail Again?
Yes, but only in certain circumstances.
If bail has been refused, you generally cannot make another application simply because you disagree with the Magistrate’s decision. Instead, you will usually need to show that there are new facts and circumstances before the court will hear another application.
Examples include:
securing suitable accommodation;
being accepted into a rehabilitation program;
significant delays in your court proceedings;
changes to your health;
new employment opportunities;
additional family support; or
changes in the prosecution case.
An experienced criminal lawyer can advise whether your circumstances are sufficient to justify another bail application.
Can a Bail Refusal Be Challenged?
Depending on the circumstances, yes.
There may be options to make a further application before another court or challenge the refusal if the legal requirements are met.
The process depends on the type of charges, the court that refused bail and whether there has been a relevant change in circumstances. Legal advice should be obtained promptly, as the available options differ from case to case.
How Long Will I Remain in Custody?
There is no fixed answer.
Some people remain on remand for only a few days before obtaining bail, while others remain in custody for weeks or months until their case is resolved.
The length of time depends on factors such as:
the seriousness of the alleged offences;
whether another bail application can be made;
how quickly the matter progresses through the courts;
whether the case resolves by way of a plea; and
whether the matter proceeds to a contested hearing or trial.
Does Time on Remand Count Towards My Sentence?
Yes.
If you are ultimately sentenced to imprisonment, the time you have already spent in custody will generally be credited towards your sentence.
When sentencing you, the court will usually declare the number of days you have spent on remand so that period is taken into account by Corrections Victoria.
Can My Family Contact Me?
Generally, yes.
If bail is refused and you are remanded in custody, you will usually be able to receive visits from approved family members and friends, make telephone calls and have confidential visits with your lawyer.
The rules vary between correctional facilities, and some restrictions may apply depending on your circumstances.
What Should I Do If Bail Is Refused?
If bail has been refused, it is important to focus on the next steps in your case.
Your lawyer can:
review the reasons bail was refused;
obtain and analyse the prosecution brief;
identify whether new facts may support another bail application;
arrange rehabilitation or treatment programs where appropriate;
negotiate with the prosecution; and
prepare your defence or plea.
Taking positive steps while on remand may improve your prospects if another bail application becomes available.
Why Early Legal Advice Matters
If you are wondering what happens if bail is refused, the answer does not necessarily end with remaining in custody. Depending on your circumstances, further bail applications may become available, and there may be practical steps that can improve your prospects of being released.
An experienced criminal defence lawyer can explain why bail was refused, assess whether another application is possible and prepare the strongest case for your release.
The sooner legal advice is obtained, the sooner work can begin on achieving the best possible outcome.
Speak to a Criminal Defence Lawyer
If bail has been refused, Wilkinson Lawyers can provide urgent legal advice and representation.
We regularly appear in bail applications throughout Ballarat, Melbourne and regional Victoria and understand how overwhelming it can be when you or a loved one is refused bail. We can advise you about your options, prepare any further bail application and represent you in court.
If you need advice about what happens if bail is refused, contact Wilkinson Lawyers today to arrange an urgent consultation.
Contact Jess Wilkinson on 0468 364 121 or jess@wilkinsonlawyers.com.au to discuss your matter and obtain advice about the best way forward.
