Bail and Bail with conditions

A youth may ask for bail if they go to court for an offence. If a youth is granted bail, they will be released into the community straight away. They will have to sign a document to say that they will come back to court when they are told to.

Sometimes a youth’s bail will have conditions such as:

• a curfew
• reporting to their local police station on a regular basis
• taking part in our conditional bail program.

Conditional bail program

Our conditional bail program helps a youth to comply with their bail conditions until their next court date.

As part of the program, we will give a youth help and support to reduce their risk of offending or breaching their bail conditions. We do this by getting a youth to take part in positive activities and helping them to access services and develop skills.

Who is it for

A conditional bail program is for youth offenders who the court thinks are at risk of not following their bail conditions. If the court does not give a youth a conditional bail program, they might be put in detention while they are on remand.

A youth may get a conditional bail program if they:

• have been refused watch-house bail and had their bail refused at their first court appearance
• have a history of failing to appear or not doing what their bail conditions say
• are in breach of a community based order
• are at risk of being placed in custody while a pre-sentence report is prepared.

How to get one

A youth’s legal representative will make an application for bail for the youth. They will ask us to suggest a suitable program to the court.

Our youth justice officers will talk to you and the youth to develop the conditional bail program. We will then give it to the court to consider.

If the court grants bail with a condition that the youth participates in a conditional bail program, a youth will go to their local youth justice centre to meet with youth justice officers and discuss the days, times and details of their program.

What is involved

A conditional bail program can give a youth help and support from a youth justice officer for up to 32 hours per week.

The youth worker will help a youth develop skills and access services that will help them in the future, including:

• TAFE or other education
• apprenticeships, traineeships or work skills programs
• cultural development programs
• sporting and recreational programs
• health services
• life skills and social skills programs
• community supports.

Rules

It is important that a youth understands that the program is a condition of their bail. A youth must agree to participate and follow the lawful instructions of a youth justice officer.

If a youth does not do what the bail conditions say, they could be arrested by police and taken back to court.

If a youth does not participate as required, they may be in breach of their bail and have to go back to court.

The court may decide to place a youth in custody until their next court date.

Committing an offence on bail

It is important that a youth does not offend while on bail. If a youth is on bail and they commit another offence there are consequences.

This can also influence the court when it decides whether it's best to:

• grant further bail for the youth; or
• remand them in custody in a detention centre to stop them from committing other offences.