BAIL APPLICATIONS

How we can help to make an application for bail

  • Organise a Prison Visit or Call

    When making an application for bail for a client who is presently in custody, it is important that we have a clear understanding of their charges, criminal history (if any) and personal circumstances.

    We can organise urgent visits and calls with clients in custody.

  • Prepare for Court

    Once we have obtained instructions from our client and deemed that an application can be made, we will prepare for the application to be heard in court.

    This can include obtaining supporting materials, such as letters of employment and affidavits.

  • Argue the Application

    We attend court and will argue the bail application, making oral submissions to the Court as to why bail ought to be granted.

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What is bail?

Bail refers to the release of a person charged with an offence from custody into the community while their case progresses through the Courts.

If a court denies bail, the charged individual remains in custody until their matter concludes or until a successful bail application is made to the Court.

Navigating the bail application process requires careful attention and it is crucial to take any bail application seriously, by seeking legal advice and representation from an experienced criminal lawyer.

FAQs

  • In order to be granted bail, an application needs to be made to the Court. If granted, the accused has the right to remain free, instead of being held in prison, while awaiting the resolution of the charge in court.

  • A bail application will initially be heard in the Magistrates Court, but may also be heard in the District Court or Supreme Court.

  • If an accused person is granted bail for a "serious offence" under the Bail Act, and is later alleged to have committed another "serious offence" while on bail for the first, they are considered a "Schedule 2 Offender”.

  • Home detention bail is a condition that mandates the accused person to live at and stay within a specific residential address at all times. The accused is permitted to leave the residence only for approved reasons, such as attending court or medical appointments, and only with the consent of their community corrections officer. Both the individual and the residence are under continuous surveillance by the Department of Corrective Services through electronic monitoring. This involves installing special equipment at the residence and requiring the accused to wear an ankle bracelet.

  • Factors considered when determining bail include:

    • The nature and seriousness of the charge before the court.

    • The strength of the prosecution's case against the accused.

    • The accused's criminal history, particularly any past breaches of bail.

    • Any perceived risk that the accused may commit further offences while on bail, and whether conditions can be imposed to reduce that risk.

    • The likelihood that the accused will fail to appear in court as required, and whether conditions can be imposed to address that risk.

    • The potential danger the accused may pose to the safety of any person or property, and whether conditions can be implemented to mitigate that risk.

    • The possibility that the accused may interfere with witnesses, and whether conditions can be set to prevent such interference.

    • Whether the accused needs to be held in custody for their own protection.