Canberra · How the ACT courts work
Bail in the ACT.
Bail in the ACT turns on which presumption applies to your charge. For most matters there is a presumption in favour of bail. For the most serious, you have to show special or exceptional circumstances.
- Governing ActBail Act 1992Australian Capital Territory
- DefaultPresumption in favourFor most offences
- SeriousNo presumptionSchedule 1 offences
- Most seriousSpecial or exceptionalMurder, large drug matters
How bail is decided in the ACT.
Bail in the ACT is governed by the Bail Act 1992 (ACT). The law sets a starting point for each charge through a system of presumptions, and then the court weighs the risks: the risk that the person will not appear, the risk of further offending, and the risk of interference with witnesses or evidence. The court also considers the person's need to be free to prepare a defence, their circumstances, and any conditions that could manage the risk.
The presumption in favour of bail.
For most offences there is a presumption in favour of bail. For the most minor matters there is an entitlement to bail. The starting point is that the person should be released, on conditions if needed, unless the court is satisfied that release cannot be justified on the statutory criteria.
Offences with no presumption.
For a group of serious offences listed in Schedule 1 of the Act, there is no presumption either way. The court starts from neither position and decides bail on the criteria. This category also applies to some repeat family-violence and threat offences.
Special or exceptional circumstances.
For the most serious offences, the presumption is against bail. The court must refuse bail unless satisfied that special or exceptional circumstances exist. This applies, for example, to murder and to the most serious drug offences involving large commercial quantities, and to a serious offence allegedly committed while already on bail. Even where special or exceptional circumstances are shown, bail can still be refused if refusal is justified on the risk criteria.
This is the hardest bail category, and it is where preparation counts most. A special or exceptional circumstances application needs evidence, a workable conditions package, and a clear answer to the risks the prosecution will raise.
Conditions and reviews.
Bail can be granted on conditions: reporting, a residence, a surety, non-contact, or electronic monitoring. If bail is refused, the decision can be reviewed, and a fresh application can be made if circumstances change. Getting the first application right matters, because a refusal is harder to undo than to avoid.
Frequently asked.
How does bail work in the ACT?
Bail in the ACT is governed by the Bail Act 1992 (ACT). Each charge has a starting-point presumption, and the court then weighs the risk of non-appearance, further offending and interference with witnesses, and whether conditions can manage those risks.
Which offences have no presumption in favour of bail?
Serious offences listed in Schedule 1 of the Bail Act 1992 (ACT) have no presumption either way, along with some repeat family-violence and threat offences. The court decides bail on the statutory criteria without a starting presumption.
What are special or exceptional circumstances for bail?
For the most serious offences, such as murder and the largest drug matters, bail must be refused unless the court is satisfied special or exceptional circumstances exist. It is the hardest bail test, and it requires evidence and a workable conditions package.
Can a bail refusal be changed?
Yes. A bail decision can be reviewed, and a fresh application can be made if circumstances change. It is harder to reverse a refusal than to get the first application right, so preparation matters.
Bail refused, or a bail application coming up in the ACT?
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