Bail

A process that allows people arrested on suspicion of committing a crime to be released from custody while a police investigation continues, or they wait for a court hearing. Types of bail include:

• pre-charge bail or police bail, set by the police when there isn’t enough evidence to charge the person with an offence at that time; this allows the investigation to continue without keeping the person in custody;
• post-charge bail, set by the police when a person has been charged; and
• court bail, set by the courts when a person has been charged.

People released on bail will have a specified date to return to the police station or court. Bail can be either conditional or unconditional.

Conditional bail means that the person is released with restrictions. For example, they may have to remain at an address between specific times, or not contact specific people or go to specific locations.

Unconditional bail has no restrictions. It is usually granted when the police or court consider the person isn’t likely to run away, reoffend or contact victims and witnesses.