Bailed Out- Criminal Law

December 21, 2020/

When you have been arrested by the Police, there are a few options available to the Police in relation to bail. They can either release you with the Court documentation and advise you when you are to attend Court, they can release you upon conditions such as reporting to the Police, this is known as Police Bail. Lastly, they can refuse bail and have you appear before Court at the earliest available opportunity.

Bail is not a universal right, there are many considerations the Police have to take into account when determining whether a person charged with an offence should be released. If bail is refused by the Police, a lawyer is important when making an application to the Local Court for bail.

Certain offences are harder to get bail for and a good advocate can help establish that you will appear later and do not represent a threat to the community. The Court considers some of the following when determining bail, such as:

  1. Does the person applying for bail represent an unacceptable risk, taking into account the any of the following:
    1. Background;
    2. Nature or seriousness of the offence;
    3. Strength of the prosecution case;
    4. History of violence or previous offences;
    5. Whether there has ever been breaches of bail;
    6. The likelihood of a custodial sentence at the end of the matter;
    7. Whether the person making the application has any special vulnerability or requirement to be released.
  2. If the accused represents an unacceptable risk, can that risk be at all mitigated by conditions, such as:
    1. Requirement for the applicant to report to the Police;
    2. A curfew of the applicant;
    3. A requirement for the applicant to reside at a certain location;
    4. A requirement for the person to lodge a certain amount of money for surety.
  3. If the risk cannot be remedied by conditions, then bail has to be refused.

In the event the bail is granted, but conditions are stringent, your legal representative can later seek a variation of bail. There is no guarantee for bail, however it is important for an applicant to be legal represented when making an application.

If you require assistance, please contact our office today.

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