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Gallant Law on What Victoria's Toughest Bail Laws Mean for People Facing a Bail Hearing Now

Gallant Law

Key Facts:

• Victoria has seen a dramatic rise in remand decisions following bail law reforms in 2025 and 2026, with 10,000 more remand decisions recorded in 2025 than in 2024 — an increase of over 70% — prompting the government to appoint seven new magistrates and commit $727 million to expand prison and youth justice capacity.
• Two key structural changes have been introduced: a second-strike rule that elevates the bail test for anyone charged with an indictable offence whilst already on bail, and a high degree of probability test for serious Schedule 1 offences such as aggravated home invasion, aggravated carjacking, and armed robbery.
• The high degree of probability test places the onus on the accused to demonstrate that bail should be granted, requiring proof of exceptional circumstances in the most serious cases — the highest evidentiary burden in Victorian bail law.
• The court in which a bail application is heard depends on the nature of the charge and the age of the accused, with changes to youth remand laws meaning the Children's Court now operates under a different framework, and certain violent offences involving young people being moved to the County Court.
• Melbourne criminal defence firm Gallant Law warns that bail hearings typically occur within 24 to 48 hours of arrest, and that preparation and presentation within that window is critical, as bail is a legal application with a specific evidentiary burden rather than a formality.

MELBOURNE, Australia — 06 October 2026 — Gallant Law, a Melbourne criminal defence firm led by Lauren Cassimatis, an Accredited Criminal Law Specialist, says the bail law changes introduced across 2025 and 2026 have altered the landscape for bail applications in every Victorian court, and that many people facing a bail hearing are not yet aware of what test applies to their charge or what that test requires them to demonstrate.

The scale of the shift is documented. Victoria's Premier confirmed in March 2026 that 10,000 more remand decisions in 2025 than in 2024, a rise of more than 70%. The Crime Statistics Agency's first published bail data showed bail applications to the Magistrates' Court increased 18.4% in the 12 months to June 2025, driven by increased refusals and revocations, with unsentenced youth justice receptions up 35% in the same period. The government appointed seven new magistrates specifically to manage the surge and committed $727 million to expand prison and youth justice capacity.

The reforms introduced two structural changes that defence practitioners say are not yet widely understood by people facing charges. The first is the second-strike rule: a person charged with committing an indictable offence while already on bail now faces a tougher bail test for the new charge, with the threshold automatically elevated. The second is the "high degree of probability" test, which now applies to Schedule 1 offences including aggravated home invasion, aggravated carjacking, and armed robbery. That test places the onus on the accused to show the court that bail should be granted, and requires demonstrating exceptional circumstances in the most serious categories. It is the highest evidentiary burden in Victorian bail law.

The court in which a bail application is made also determines the process. Bail refused in the Magistrates' Court can be reviewed in the Supreme Court. For matters where the County Court or Supreme Court has original jurisdiction, the application is made there directly. For children, the Children's Court applies, except where the Adult Time for Violent Crime laws apply, in which case the matter moves to the County Court. The removal of remand as a last resort for youth offenders means the Children's Court now applies a different framework to remand decisions than it did before the reforms.

"The most important thing people do not understand is that bail is not a formality. It is a legal application with a specific evidentiary burden that depends on the charge. For a Schedule 1 offence, that burden is substantial. For someone already on bail, it is elevated again. The hearing will happen quickly, often within 24 to 48 hours of arrest, and how the application is prepared and presented in that window determines whether someone goes home or waits in custody for a matter that may take months to resolve," said Lauren Cassimatis, Principal Lawyer and Accredited Criminal Law Specialist at Gallant Law. 

Gallant Law handles bail applications in the Magistrates', Children's, County and Supreme Courts. The firm offers after-hours consultations and fixed fees, and is on the Victoria Legal Aid panels for summary, indictable, and youth crime matters.

Disclaimer

The materials on this content provide general information on legal topics and are current at the time of publication. To the extent permitted by law, Gallant Law does not warrant the currency, accuracy or completeness of the information, which may not apply to all jurisdictions.

The materials are not legal advice and should not be relied upon as a substitute for professional advice. Gallant Law disclaims liability to the extent permitted by law.

You should seek specific legal or professional advice regarding your particular circumstances.

About us:

About Gallant Law

Gallant Law is a Melbourne criminal defence firm led by Lauren Cassimatis, Principal Lawyer and Law Institute of Victoria Accredited Criminal Law Specialist, with more than 20 years of experience. The firm operates across Melbourne, Geelong, Warrnambool, Launceston, Brisbane, and Sydney, and is on the Victoria Legal Aid panels for summary, indictable, and youth crime.

Contact details:

Media Enquiries

Gallant Law

Lauren Cassimatis, Principal Lawyer

(03) 9070 9885

[email protected]