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BAIL APPLICATIONS

 

HOW DOES BAIL WORK?

Normally after police have charged a person they will determine if the person should get police bail. However, if the police believe that the person is a danger to the community then they would normally refuse Bail and the matter is then heard at the local Court before a magistrate.


The magistrate then listens to arguments from the prosecutor and the defence Solicitor as to whether the person should or should not be granted Bail. If the alleged offence is relatively serious you will have to satisfy the court why you should be granted bail. Some examples include major drug matters, some firearms offences, serious personal violence offences and serious property offences.

FACTORS CONSIDERED IN A BAIL APPLICATION

  • The seriousness of the charge

  • The strength of the police case

  • The factual circumstances of the alleged offence

  • The likely penalty, particularly if full-time imprisonment is a possible sentence

  • The applicants criminal history in particular if there has been a history of violence, failure to attend court or breaches of bail

  • Whether the applicant was already on bail, a bond or some other form of conditional liberty

  • The applicants personal circumstances and background

  • The protection and welfare of the community

SOME CONDITIONS THAT THE COURT WILL IMPOSE

  • A residential address

  • Reporting to police during the week

  • A curfew, that requires you to be at home during certain hours

  • Surrendering your passport

  • Agreeing to pay money if you do not attend court

  • Surety: requiring another person to deposit money and/or sign an undertaking to pay money if you do not attend court or breach your bail conditions

  • Not to contact witnesses, alleged victims or co-accused persons

  • Attending drug and alcohol or rehabilitation courses

CAN YOU CHANGE YOUR BAIL CONDITIONS?

Yes you can, however you must make an application at Court to vary your bail conditions. This usually happens when you change your address, get a new job or need to suspend or reduce your reporting conditions.

REFUSED BAIL IN THE LOCAL COURT? APPEAL TO THE SUPREME COURT

If you have been refused bail by the Local Court you may apply for bail to the Supreme Court. If your case has been transferred from the Local Court to the District Court you may apply for bail at the District Court. One of our expert lawyers will look out for you in this difficult time and help you prepare for this kind of appeal.