Bail and Criminal Procedure glossary
Bail and criminal procedure sit at the front end of every criminal matter in Australia. Each state has its own Bail Act and Criminal Procedure Act, with shared concepts but meaningful local differences. This glossary covers 40 terms that appear across bail applications, committals, case conferences, and pre-trial hearings.
This is a procedure-focused glossary of 40 terms lawyers meet when running a bail application or managing criminal procedure in Australian courts. Each definition points to the controlling Act or authority.
Definitions
Acceptable person
A person who can stand as surety for an accused — typically someone with a stable address, no relevant convictions, and funds or assets to forfeit if the accused breaches bail.
Application for bail
The formal request by or on behalf of an accused for release pending the determination of criminal proceedings.
Arrest warrant
A court-issued warrant authorising police to arrest a named person. May be issued for non-appearance, or on application where summons is not appropriate.
Bail
The conditional release of an accused person pending the outcome of criminal proceedings. Each state's Bail Act governs the test and available conditions.
Bail condition
A requirement attached to a grant of bail — such as reporting to a police station, residence, curfew, non-association, or surrender of passport. Must be reasonable, necessary, and no more onerous than required.
Bench warrant
A warrant issued by a judicial officer from the bench, usually for an accused who has failed to appear as required.
Brief of evidence
The prosecution's compiled evidence relied on at hearing — statements, records, exhibits, expert reports. Must be served on the defence within the statutory timeframe.
Case conference
A pre-trial procedure where prosecution and defence meet to narrow issues, identify any plea, and flag witness requirements. Mandatory in some jurisdictions for indictable matters.
Certifying prosecutor
A senior prosecutor who certifies the charges to be proceeded with following case conference. The certified charges frame what will be heard at trial.
Charge negotiation
Discussions between prosecution and defence about the charges to be pursued, discontinued, or substituted. Must result in charges that reflect the criminality.
Committal for trial
The order committing an accused to the District or Supreme Court for trial on the certified or filed charges.
Committal hearing
A preliminary hearing in the Magistrates/Local Court in indictable matters, at which a magistrate assesses whether the accused should be committed to a higher court.
Conditional bail
A grant of bail subject to conduct requirements such as curfew, non-association, or reporting. Breach can trigger arrest and revocation.
Custody notification
The statutory requirement that a detained Aboriginal or Torres Strait Islander person be put in contact with a designated legal service. A failure can invalidate admissions.
Detention application
A prosecution application for a person to be held in custody pending determination of bail, on the basis that release would pose an unacceptable risk.
Fail to appear
Non-attendance by an accused on the date and at the place required by bail — a separate offence in most jurisdictions.
First appearance
The accused's first appearance before a court after charge, usually in the Local/Magistrates Court. Bail and adjournment issues are dealt with here.
Grant of bail
A judicial officer's decision to release an accused on bail, with or without conditions.
Indictable offence
A serious offence triable on indictment in a higher court. Some are triable summarily by election under state Criminal Procedure Acts.
Mention
A short court listing for procedural steps — such as service, plea indication, or bail variation — before final hearing.
No case submission
A submission at the end of the prosecution case that there is no case for the accused to answer.
Police bail
Bail granted by police under the Bail Act before the first court appearance. Court can vary or revoke.
Record of interview
The recorded interview between police and suspect, typically the ERISP in NSW. Admissibility depends on compliance with caution, custody, and recording rules.
Refusal of bail
A decision to decline bail, leaving the accused on remand. Must be supported by unacceptable risk findings that cannot be managed by conditions.
Release on conditions
A grant of bail with specified bail conditions designed to mitigate risk — reporting, curfew, residence, or non-contact.
Remand
Custody of an accused while criminal proceedings are pending. Occurs where bail is refused or conditions cannot be met.
Review of bail
A later application to a higher court to review a bail decision. The test and available grounds are set by the Bail Act.
Section 93 certificate
In NSW, a certificate under the Criminal Procedure Act identifying persons the prosecution proposes to call. Used to manage disclosure obligations.
Service of brief
The formal delivery of the brief of evidence to the defence within the timeframe set by the Criminal Procedure Act. A pre-condition for many case management steps.
Show cause
A NSW Bail Act test requiring the accused to show cause why their detention is not justified, applying to certain serious offences.
Stay of proceedings
A court order stopping proceedings, temporarily or permanently. May be ordered for abuse of process or to protect a fair trial.
Summary offence
A less serious offence heard and determined in the Local/Magistrates Court without a jury.
Summons
A court document requiring a person to attend court at a specified date and time to answer a charge.
Supreme Court bail
A bail application made or reviewed in the Supreme Court, often after an earlier refusal in a lower court.
Surety
A person who agrees to forfeit a specified sum if the accused does not appear. The Bail Act sets acceptable person criteria.
Telephone bail
An out-of-hours application for bail by telephone to an authorised justice or magistrate, usually after charge at a police station.
Unacceptable risk
The statutory threshold in several Bail Acts — the court must refuse bail where there is an unacceptable risk that conditions cannot mitigate.
Unconditional bail
A grant of bail with no conduct requirements beyond attending court. Appropriate where risk can be managed without conditions.
Variation of bail
An application to change the conditions or amount of bail, brought by accused or prosecution.
Withdrawal of charge
The prosecution's formal discontinuance of a charge. May occur after charge negotiation or where evidence does not support continuation.
Research these terms in context
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These definitions are general explanations for educational purposes — not legal advice. Bail and procedure rules vary significantly between Australian states and change frequently. Always verify against current legislation.
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