Bail applications

Bail Applications, Refused Bail & Bail Lawyers

What is bail?

Bail is designed to ensure that the accused attends proceedings for the offence they have been charged with, and to protect the community and victims.

What does the court consider for bail?

The court considers whether there is an unacceptable risk that the accused, if granted bail will:

  • fail to appear at any proceedings for the offence
  • commit a serious offence
  • endanger the safety of victims, individuals or the community; and/or
  • interfere with witnesses or evidence.

In addition to considering any bail concerns the court will also consider if there are conditions that may mitigate those concerns.

When does the court refuse bail?

The court can only refuse bail if there is an unacceptable risk and that risk cannot be protected against by the imposition of appropriate bail conditions.

What does the court consider?

The court will consider the:

  • background, criminal history, circumstances and community ties of the applicant
  • nature and seriousness of the charges
  • strength of the prosecution case
  • any history of violence
  • if the applicant has previously committed a serious offence on bail
  • if there is a history of compliance or non-compliance with bail acknowledgements, conditions, AVOs, parole orders or good behaviour bonds
  • any criminal associations
  • length of time the applicant is likely to spend in custody if bail refused
  • likelihood of a custodial sentence if convicted
  • if the applicant has been convicted of the offence and the current proceedings are an appeal, and whether the appeal has reasonably arguable prospects of success
  • any special vulnerability of needs the accused has, including youth, Aboriginal or Torres Strait Islander heritage, or a cognitive or mental health impairment
  • need to be free to prepare for appearance in court or obtain legal advice
  • need to be free for any other lawful reason
  • conduct towards any victim of the offence, or family member of a victim after the offence
  • in a serious offence: views of victim or family members of victims if relevant to a concern that the accused would endanger the safety of victims, individuals or the community.

What are conditions of bail?

Conditions of bail can be set to address the court’s concerns, such as that the accused person:

  • do or refrain from doing something (conduct requirements)
  • attend court on a certain date
  • not contact certain persons, usually an alleged victim (contact restrictions)
  • not to go to certain places (location restrictions)
  • reside at a certain address
  • be at a certain address at certain times (curfew)
  • report to police at certain times
  • surrender their passport
  • offer to forfeit a certain amount of money in the event that the accused does not attend court as required. An acceptable person – often a family member – can offer this security on the accused’s behalf
  • has an acceptable person provide a written acknowledgment to the court that they regard the accused person as a responsible person who is likely to comply with his or her bail acknowledgment (character acknowledgment)
  • has suitable arrangements for accommodation before he or she is released on bail (accommodation requirement)
  • comply with one or more specific police directions, for example random urine testing (enforcement condition).

If you need assistance with a bail application contact Alan Rigas Solicitors on +61 2 9635 5333 or email us at info@rigaslaw.com.au

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