Bail Rights in Tasmania
Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
For Commonwealth offences, sections 15 to 17 of the Crimes Act 1914 (Cth) set up a general presumption in favour of bail. The default is release; refusal needs a reason.
A court can refuse bail where there's an unacceptable risk you'll fail to appear, commit further offences, endanger the community, or interfere with evidence or witnesses. The court weighs the seriousness of the offence, your record, your community ties, and the strength of the prosecution case.
For certain serious offences — particularly terrorism and commercial-quantity drug trafficking — the presumption is reversed by s. 15AA. You have to establish exceptional circumstances to get bail, which is a markedly higher bar.
Refused bail can be reviewed in a higher court — and bail applications routinely succeed on the second pass with better preparation.
When does it apply?
These bail provisions apply whenever you are charged with a Commonwealth (federal) offence and are in custody awaiting trial.
- Common federal offences include drug importation, fraud against the Commonwealth, cybercrime, terrorism, and people smuggling.
- Bail can be granted by the arresting officer, a magistrate, or a judge.
- If you are charged with both state and federal offences, the bail conditions for each may differ.
What to Do If You Are Refused Bail for a Federal Offence in Australia
- Ask to apply for bail at your first court appearance.
- Have your lawyer prepare information about your community ties, employment, family responsibilities, and stable address.
- Offer conditions that address the court's concerns — such as surrendering your passport, reporting to police, or providing a surety.
- If bail is refused, ask your lawyer about appealing to a higher court.
- If you are granted bail, comply strictly with all conditions — breaching bail is a separate offence.
What should you NOT do?
- Don't miss a court date — failing to appear will result in a warrant for your arrest and make future bail applications much harder.
- Don't breach bail conditions — even minor breaches can lead to bail being revoked.
- Don't contact witnesses or co-accused if your bail conditions prohibit it.
- Don't assume bail is automatic for serious offences — prepare your application carefully with a lawyer.
How Tasmania differs from federal law
Bail in Tasmania is governed by the Bail Act 1994 (Tas). The Act establishes a presumption in favour of bail for most offences, with exceptions for serious charges.
- Under the Bail Act 1994, a bail authority (police officer or court) must grant bail unless there is an unacceptable risk that the accused will fail to appear, commit an offence, endanger the safety of the public or a particular person, or interfere with witnesses.
- For murder, bail may only be granted by a Supreme Court judge. For other serious offences, the accused may need to show cause why bail should be granted.
- Police have the power to grant bail at the station for most offences. If police refuse bail, the accused must be brought before a court as soon as practicable — usually the next Magistrates Court sitting day.
- Bail conditions may include reporting to police, curfews, surrendering passports, residing at a particular address, and (in family violence matters) no-contact conditions.
- Breaching bail conditions is an offence under the Bail Act 1994. The Supreme Court of Tasmania can review bail decisions made by lower courts or police.
Additional Steps in Tasmania
If refused police bail, you will be held until your first court appearance. Contact a lawyer or request the Legal Aid Tasmania duty solicitor at court. Bail review applications can be made to a higher court if bail is refused by a magistrate.
Relevant Law: Bail Act 1994 (Tas), ss 5-12; Justices Act 1959 (Tas); Family Violence Act 2004 (Tas) (bail conditions in FV matters)
Common Questions
When does bail rights apply?
These bail provisions apply whenever you are charged with a Commonwealth (federal) offence and are in custody awaiting trial.Common federal offences include drug importation, fraud against the Commonwealth, cybercrime, terrorism, and people smuggling.Bail can be granted by the arresting officer, a magistrate, or a judge.If you are charged with both state and federal offences, the bail conditions for each may differ.
What should I do if I am charged with a federal offence in Australia and bail is refused?
Ask to apply for bail at your first court appearance.Have your lawyer prepare information about your community ties, employment, family responsibilities, and stable address.Offer conditions that address the court's concerns — such as surrendering your passport, reporting to police, or providing a surety.If bail is refused, ask your lawyer about appealing to a higher court.If you are granted bail, comply strictly with all conditions — breaching bail is a separate offence.
What mistakes should I avoid with bail rights?
Don't miss a court date — failing to appear will result in a warrant for your arrest and make future bail applications much harder.Don't breach bail conditions — even minor breaches can lead to bail being revoked.Don't contact witnesses or co-accused if your bail conditions prohibit it.Don't assume bail is automatic for serious offences — prepare your application carefully with a lawyer.
Bail Rights in other states
Same topic, different jurisdiction. Pick the one that applies to you.