Ben Roberts-Smith walked free from prison on bail after prosecutors charged him with five counts of war crime murder. The former Australian SAS corporal now faces the most serious criminal charges ever laid against an Australian soldier for conduct in Afghanistan.

The allegations stem from his deployments with the Special Air Service Regiment. Each of the five counts relates to a separate killing. The charges follow years of investigation into alleged misconduct by Australian special forces in Afghanistan.

What did the court decide?

The deciding court granted bail. The court did not determine guilt. Bail means Roberts-Smith answers the charges from liberty rather than from custody, subject to conditions imposed by the bench.

For practitioners, the ruling settles one procedural question only. The criminal case on the five murder counts remains live. The trial, when it comes, will test evidence gathered through the war crimes investigation process.

What happens next for the defence?

Roberts-Smith has previously and emphatically denied allegations of war crimes. His legal team has fought related claims in other forums. Now the matter moves from accusation to criminal process.

Practitioners should watch several things:

• The bail conditions, which will shape the defence's preparation
• The committal or preliminary stages, where the prosecution's evidence faces its first test
• The trial listing, which will determine timing for years ahead

War crimes prosecutions of serving or former military personnel are rare in Australia. Each procedural step will set precedent for how such cases run.

The release on bail does not signal anything about the merits. It reflects the court's assessment of bail criteria alone. The five murder counts stand, and the case proceeds.