Bail is an agreement by you to attend Court at a given time. In practice, getting bail means that you are released from custody (i.e. from gaol or the police station) on certain conditions, including the condition that you will appear in court on the next court date.
If you have been charged by police, a decision on whether you will be granted bail should be made as soon as reasonably practical. If the officer refuses bail, he/she must arrange for you to be brought before court. At that time you (or a CRIMLAW solicitor) can make a formal bail application and the magistrate will decide whether to grant bail, and if so, on what conditions.
Am I likely to get Bail?
The factors that determine whether or not you receive bail include the likelihood that you will appear in court or will repeat offend, or if you are a danger to society. Another important factor is the type of offences that you are charged with. For some offences there is a ‘right to bail’. For others there are rules called ‘presumptions’, which are rules that control whether bail will normally be granted or refused. The presumption will determine which party, the defence (you) or the prosecution has to positively convince the judge of their case (i.e. for or against bail).
What conditions are placed once bail is granted?
Apart from having to attend court, a wide variety of conditions can be placed upon your bail. Things like reporting to a certain place on a regular basis (e.g. a police station) and/or live at a certain location (e.g. your parents place) and/or not leave your home at certain times of the day (like a curfew), must not approach or associate with certain persons (e.g. an alleged partner/s in crime) or approach certain places.
Also if you are granted bail that you are an ‘acceptable person’ you must lodge something of value or deposit an amount of cash (called a ‘security’ with the court, and agree to forfeit that amount of money if you don’t appear in court.
What if I don’t comply with my bail conditions?
If you breach and of your bail conditions, while on bail, without a plausible excuse, you can be arrested and put in gaol. You will then be brought before the court and your bail may be cancelled. If that occurs it is highly likely you will not receive bail again.
What if I’m refused bail?
In local courts you can make as many bail applications as you like. So don’t despair if police refuse you bail or if your first bail application in a local court fails. A CRIMLAW lawyer will give you the best chance to succeed in you bail application. If you are still unsuccessful you are entitled to apply to the supreme court.
How can I get my bail money/property back?
After your matter is finalised, you (and/or your ‘bail guarantor’) are allowed to submit for your bail to be refunded, provided of course that you appeared in Court on all occasions.
How can CRIMLAW help me?
The laws, rules and regulations that relate to bail are complex and consistently changing. If you are arrested or called in for a police interview, you should contact a CRIMLAW lawyer and accredited criminal law specialist who is familiar and seasoned in criminal law. A CRIMLAW lawyer can assist you in the following:
- Advise you of your rights;
- Explain your charges;
- Highlight your alternatives;
- Make a bail application on your behalf;
- Seek to have bail conditions varied (if you cannot meet them); and/or
- Represent you at your Court hearing.
What Next ? ...Call CRIMLAW on 1300 276 529 !!