Bail information for victims of crime and witnesses

If you are a victim of crime you may be concerned that an alleged offender will be released on bail.

When you report a crime to the police they will talk you though the process. They will also refer you to support services so you understand what to expect and can get the help you need.

The bail hearing does not take place until after an alleged offender has been arrested and charged with an offence. When you report an offence, this might not happen straight away.

The police will explain the process to you and refer you to appropriate support services.

You do not need to attend the bail hearing. It is a short hearing to decide if bail is granted or not. The court case that comes later is to determine if the alleged offender is guilty of the offence or not.

Your views in the bail process

The Director of Public Prosecutions (DPP) appears on behalf of the community in criminal matters. They will tell the court about any concerns you have if they know them.

This will be based on information you have given to the police and included in the statement of facts. It is your choice if you want to have your views included at this stage.

At a bail hearing, your views are taken into account as a victim or witness (or both). The DPP provides information about the alleged crime to help the judge or magistrate decide on bail. They are not your legal representative.

During a bail hearing, the DPP provides the court with information about risks the accused person might pose or what could help keep you and other people in the community safe. If the accused person is granted bail, there may be bail conditions to reduce these risks.

Information about the justice process and support available

Reasons we have bail

In our justice system, a person is presumed innocent until proven guilty in a court. Even if someone has confessed, they are not guilty until the court has found them guilty or recorded a conviction.

That is why we have a system of bail. It allows the police and courts to release an accused person into the community until their court case where possible.

Most people on bail follow their conditions. They can continue to live at home, go to work and get support if they need it.