Affray and Public Violence Charges Explained

Affray is a serious public violence offence under section 195H of the Crimes Act 1958 (Vic), committed when a person uses or threatens unlawful violence in a way that would make a bystander of reasonable firmness fear for their safety. It carries up to 5 years imprisonment, or 7 years if you wore a face covering. Affray sits within a wider family of public violence offences, the most serious of which is violent disorder under section 195I, involving 6 or more people and carrying up to 10 years. The common law offence of riot was abolished in Victoria in 2017.

Breach of Intervention Order: What Happens?

Breaching a Victorian intervention order is a criminal offence, not a technicality. Police can charge you, arrest you without a warrant, and a court can impose a criminal record, a fine, or imprisonment, separately from whatever the underlying intervention order itself already restricts

Can You Travel Overseas While on Bail in Victoria?

It depends entirely on your bail conditions. There is no automatic, blanket ban on travel, but bail for a criminal charge in Victoria very often includes a condition to surrender your passport and not to leave the state or the country, because a court’s biggest concern is that you might not come back for your case. If your bail carries those conditions, travelling overseas would breach your bail, so you must apply to vary your conditions and get the court’s permission first under the Bail Act 1977 (Vic).

Can You Get Bail for a Serious Indictable Offence?

Yes, you can get bail for a serious indictable offence in Victoria, but it is much harder than for an ordinary charge. For offences listed in Schedule 1 or Schedule 2 of the Bail Act 1977 (Vic), the onus is reversed. You must first show exceptional circumstances (Schedule 1) or a compelling reason (Schedule 2) before the court even considers whether you are an unacceptable risk. For the most serious charges, such as murder, only the Supreme Court can grant bail.

Can You Get Bail After Being Remanded in Victoria?

Yes. Being remanded in custody doesn’t end your bail options in Victoria. The law gives you a right to make a further bail application, and your first two attempts since being taken into custody can generally proceed without needing to show new facts or circumstances.