Home
/
Services
/
Melbourne Criminal Defence Lawyers
Google Reviews
Years Criminal Defence Experience
Bail is the conditional release of a person charged with a criminal offence pending the determination of their case. In Victoria, bail is governed by the Bail Act 1977 (Vic). For Commonwealth offences, bail is governed by the Crimes Act 1914 (Cth) together with applicable State or Territory bail laws.
Depending on the offence, an accused may have a presumption in favour of bail, be required to show a compelling reason why detention is not justified, or be required to show exceptional circumstances. The applicable test affects how the application is prepared and where it should be made.
Lauren Tye prepares bail applications carefully, addresses every risk the prosecution is likely to raise, and proposes realistic conditions that the court can be confident will be complied with.
If police refuse bail after charge, the accused person must be brought before a bail justice or magistrate as soon as practicable. Early legal advice allows the first application to be prepared with supporting material and suitable proposed conditions.
Most first bail applications are heard in the Magistrates' Court of Victoria. A properly prepared application may address residence, employment, family support, treatment, supervision, and any conditions needed to manage alleged risks.
Some charges require the accused person to show a compelling reason or exceptional circumstances before bail can be granted. These applications require detailed evidence, careful submissions, and conditions directed to the concerns raised in the case.
If bail has been refused in a lower court, or if the matter requires a higher court application, bail may be sought in the Supreme Court of Victoria. These applications need a clear evidentiary basis and careful preparation.
If a person is alleged to have breached bail, or is charged with a further offence while already on bail, another bail application may be required. The application must address what occurred and why release on bail remains appropriate.
Existing bail conditions may be varied where circumstances change. Conditions relating to curfews, reporting, residence, travel, employment, treatment, or non-contact requirements can be reviewed and, where appropriate, varied.
Bail applications for children involve different principles and practical considerations. Relevant material may include family support, schooling, accommodation, supervision, and the principle that remand should be a last resort.
For Commonwealth offences, bail is governed by the Crimes Act 1914 (Cth), together with applicable State or Territory bail laws. Lauren Tye can act in Commonwealth bail matters across Australia.
If a person is arrested after hours and refused police bail, a bail justice hearing may occur that night or the next morning. Urgent instructions allow the application to be prepared quickly and properly.
| Issue | What it means | Source | Practical effect |
|---|---|---|---|
| Presumption in favour of bail | For many offences, bail is granted unless the prosecution proves unacceptable risk. | Bail Act 1977 (Vic), ss 4, 4E. | The application should show how conditions can manage risk. |
| Show compelling reason | Some Schedule 2 offences require the accused to show a compelling reason for release. | Bail Act 1977 (Vic), s 4AA; Schedule 2. | Evidence and conditions must answer the prosecution's concerns. |
| Exceptional circumstances | Schedule 1 offences require the accused to show exceptional circumstances. | Bail Act 1977 (Vic), s 4A; Schedule 1. | This is the highest threshold and requires careful preparation. |
| Unacceptable risk | Bail is refused if risk cannot be reduced to an acceptable level by conditions. | Bail Act 1977 (Vic), s 4E. | Each risk should be addressed with practical, verifiable conditions. |
| Bail conditions | Conditions may include reporting, residence, curfew, non-contact, passport surrender, surety, or monitoring. | Bail Act 1977 (Vic), ss 5, 5AAAA, 5AA. | Conditions must be realistic. Breach can make later bail harder. |
| Children and young people | Special considerations apply, including family, education, culture, supervision, and remand as a last resort. | Bail Act 1977 (Vic), s 3B; Children, Youth and Families Act 2005 (Vic). | The application should show accommodation, supervision, and support. |
| Aboriginal and Torres Strait Islander accused | The decision-maker must consider issues arising from Aboriginality. | Bail Act 1977 (Vic), s 3A. | Cultural, family, community, and support material may be important. |
| Further application after refusal | A further application usually requires new facts, new circumstances, or material change. | Bail Act 1977 (Vic), s 18AA. | The first application should be prepared carefully. |
| Commonwealth offences | Commonwealth bail involves the Crimes Act 1914 (Cth) and relevant State or Territory bail laws. | Crimes Act 1914 (Cth), ss 15AA, 15AB. | Federal matters may require submissions on the Commonwealth scheme. |
For many offences, bail is granted unless the prosecution proves unacceptable risk.
Bail Act 1977 (Vic), ss 4, 4E.
The application should show how conditions can manage risk.
Some Schedule 2 offences require the accused to show a compelling reason for release.
Bail Act 1977 (Vic), s 4AA; Schedule 2.
Evidence and conditions must answer the prosecution's concerns.
Schedule 1 offences require the accused to show exceptional circumstances.
Bail Act 1977 (Vic), s 4A; Schedule 1.
This is the highest threshold and requires careful preparation.
Bail is refused if risk cannot be reduced to an acceptable level by conditions.
Bail Act 1977 (Vic), s 4E.
Each risk should be addressed with practical, verifiable conditions.
Conditions may include reporting, residence, curfew, non-contact, passport surrender, surety, or monitoring.
Bail Act 1977 (Vic), ss 5, 5AAAA, 5AA.
Conditions must be realistic. Breach can make later bail harder.
Special considerations apply, including family, education, culture, supervision, and remand as a last resort.
Bail Act 1977 (Vic), s 3B; Children, Youth and Families Act 2005 (Vic).
The application should show accommodation, supervision, and support.
The decision-maker must consider issues arising from Aboriginality.
Bail Act 1977 (Vic), s 3A.
Cultural, family, community, and support material may be important.
A further application usually requires new facts, new circumstances, or material change.
Bail Act 1977 (Vic), s 18AA.
The first application should be prepared carefully.
Commonwealth bail involves the Crimes Act 1914 (Cth) and relevant State or Territory bail laws.
Crimes Act 1914 (Cth), ss 15AA, 15AB.
Federal matters may require submissions on the Commonwealth scheme.
Legislation references are based on the in-force Bail Act 1977 (Vic) and the Crimes Act 1914 (Cth).
This information is general only and is not legal advice. The applicable bail test, conditions, and prospects depend on the specific charge, the alleged facts, the accused's history, and personal circumstances. Always seek advice from a criminal lawyer before any bail application.
EXCELLENT Based on 216 reviews Posted on Google Ali EltoumTrustindex verifies that the original source of the review is Google. Highly recommend, Laila represented me recently and all went well, got the outcome i wanted and overall happy thanks again to Lauren and the team ❤️Posted on Google shane adamsTrustindex verifies that the original source of the review is Google. Lauren Tye legal are the best hands down I started with a different lawyer he said the best I could get is 12 months imprisonment with a cco. And that was a Mabe. Lauren and her team managed to get me a cco and a fine. So thankful excellent work. Thank you allPosted on Google JoshuaTrustindex verifies that the original source of the review is Google. Don’t usually write reviews but Lauren and her team helped me more than I could have ever imaged, the professionalism, genuine care for myself and defence she provided were so professional and tailored. Will be recommending Lauren for years to come. Thank you so muchPosted on Google Nikki DimkopoulosTrustindex verifies that the original source of the review is Google. If you’re looking for a criminal defence lawyer i couldn’t recommend Lauren enough!! She’s been extremely supportive and never hesitated to answer any questions we have! Lauren always goes above and beyondPosted on Google Chris NorthcottTrustindex verifies that the original source of the review is Google. What an amazing experience. I’ve never felt like I was in better hands, than when Miss Lauren Tye and her exceptional team were representing me. Lauren was referred to me after already fighting the charges for over 14 months, unsuccessfully. I was looking at a possible jail sentence, and within a month, it was wrapped up, with the best possible outcome… no jail. Lauren left no stone unturned, she went above and beyond and exceeded my expectations by a mile! I highly recommend, Lauren Tye Legal.Posted on Google Matthew HTrustindex verifies that the original source of the review is Google. I was facing a serious charge and thought my future was over, but Lauren Tye legal achieved an outcome I didn't think possible. Charges withdrawn. Their strategic brilliance and teamwork were incredible; they were always one step ahead, meticulous with details, and truly worked for me. I felt genuinely supported and confident in court. Highly recommend!".Posted on Google Sera GulersoyTrustindex verifies that the original source of the review is Google. A huge thank you to Lauren Tye Legal team, consisting of Lauren Tye, Laila Hallak and Office superstar Dilanur Erbaşı. Then theres our Hero in Court, Barrister Mr Scott Thomas. Between these dedicated Professionals, we were in very good hands from the get go. Lauren and Laila prepared the Case, Dee was in constant contact, via phonecalls, emails, messages , never avoiding us, always happy to help or just support us when we needed a soothing voice through the whole journey. We were referred to Lauren through word of mouth and now that its all over, we would choose her and her amazing team if ever needed, without hesitation again. They never once doubted us, gave their 100% support at each stage and delivered the best outcome as she promised since the start. This team delivers, I cannot stress this enough. Then during the Hearing, I cannot thank the brilliant performace by Mr Scott Thomas enough either. He delivered in Court and won it without doubt. Even when we thought the odds were against us, Scott was a Master of his Craft, Just brilliant! We will forever be grateful. We highly recommend Lauren, Laila and Dilanur to everyone. You will not regret it. Truly 5 star service. Much appreciated S.G.Posted on Google BRODZ1 Y61Trustindex verifies that the original source of the review is Google. Lauren and the team did an amazing job helping me. Not only did they get an awesome outcome, but they were polite, professional, and confident the entire time. They never made me feel like just another client. Nothing felt scripted or cold. Every conversation felt like chatting with a friend who genuinely cared. They brought warmth, understanding, and reassurance into a stressful situation. Lauren even somehow made me feel calm during some of my most stressful moments. And I’ll always be grateful for their support. Couldn't be happier with the outcome, and the friendliness. I never write reviews, and I'm honestly terrible at it. Trying to think of meaningful words to express how I feel is hard, mainly because I'm just bad at it. But this definitely is a 5 star from me. Forever greatfulPosted on Google Josh ReidTrustindex verifies that the original source of the review is Google. Lauren and the team are awesome. They got my case three days before court and got me a better outcome than expected. Highly recommend.Posted on Google Ruby KarayiannisTrustindex verifies that the original source of the review is Google. I highly recommend Miss Lauren Tye, one of the most exceptional criminal lawyers in Melbourne. Lauren is not only highly skilled and dedicated, but also a truly compassionate and kind‑hearted professional who genuinely cares for her clients. Her reliability, integrity, & fierce representation make her stand out in her field. You can always count on her to go above and beyond with diligence and empathy. Dilanur, the exceptional Executive Assistant at Lauren Tye Legal, is an absolute gem. Based on my experience so far, Lauren Tye Legal has a highly professional, supportive and very commendable team. 💎👑
Bail was granted in a contested application involving allegations of criminal damage by fire and reckless conduct endangering life, arising from an arson at a place of worship which was said to have caused more than $20 million in damage.
The prosecution opposed bail and argued the client was an unacceptable risk. After extensive defence submissions, the Court granted bail on 22 strict conditions. These conditions included a curfew, police station reporting, exclusion zones and a financial surety provided by the family amongst others.
Outcome: Bail granted on 22 strict conditions
Melbourne Magistrates’ Court · Contested Bail Application · Traffick a Drug of Dependence (Large Commercial Quantity)
Our client was charged with trafficking cocaine in a large commercial quantity (1kg) — a Level 1 offence carrying life imprisonment — together with proceeds of crime. At very short notice, the office briefed counsel, marshalled family support and assembled a $1,000,000 surety package. The Court was satisfied that exceptional circumstances existed and granted bail with no time spent on remand.
Outcome: Bail granted
Time on remand: None
Surety: $1,000,000
Every case depends on its own facts and circumstances. Past outcomes do not guarantee future results.
A bail hearing can be one of the most important hearings in a criminal case. It may determine whether the accused person is released or remains in custody while the case continues.
Available 24/7 including nights, weekends, and public holidays.
All enquiries are strictly confidential.
Direct access to your lawyer, not a call centre or junior associate.
Call Lauren directly on nights, weekends, and public holidays.
Melbourne Magistrates' Court, County Court, Supreme Court, and regional Victoria.
Your initial consultation is free. All enquiries are strictly confidential.
This information is general only and not legal advice. If you need advice about your situation, contact Lauren directly.
The correct venue for a bail application depends on the charge, the applicant’s age, the stage of the case, and whether bail has already been refused.
Many first bail applications for Victorian offences are heard in the Magistrates’ Court of Victoria. If court is not sitting, an urgent application may be heard by a bail justice. Bail applications for children are heard in the Children’s Court of Victoria.
More serious applications, further applications after refusal, and bail appeals may be heard in the Supreme Court of Victoria.
Lauren Tye appears in bail applications across Victorian courts and acts in Commonwealth bail matters Australia-wide.