If you or a loved one are charged with a serious offence, a bail application may be necessary as police may keep you in custody (remand) pending the outcome of the matter. This is to ensure you attend Court, to make sure you don’t commit any further offences and/or to protect the community.
You must be brought before a bail justice or the Magistrates Court within 24 hours of being charged. Depending on your charges, there are a number of different factors which will determine whether you are likely to get bail including:
- The type of offence you have been charged with
- Your prior convictions
- Previous compliance with bail (if applicable)
- Whether you are likely to appear at Court if released
- The level of risk you pose to the community
An accused person can apply for bail themselves before a Bail Justice or Court when they are first remanded. However, these applications are often not successful as accused persons don’t often understand how to properly present their application.
It is therefore imperative that accused persons engage an expert Criminal Law Solicitor to make the application on their behalf. Accused persons don’t get unlimited chances at bail, so any application made to the Court must be thoroughly prepared by a criminal law solicitor.
If the Court decides to grant bail, they will usually apply conditions to that bail including the requirement to appear at Court on a future date, a requirement to live at a particular address and regular reporting to a police station. Depending on your level of risk, the Court can also apply other conditions such as a curfew, non-association conditions, a requirement to attend psychologist or drug treatment and/or a surety (payment of money to the Court).
If you are refused bail in the Magistrates Court, you can make a further Application in the Supreme Court.
We have made countless applications for bail and will provide you timely and strategic advice on you or your loved one’s prospects for getting bail. An application for bail requires meticulous preparation and a comprehensive knowledge of the legal arguments to support a grant of bail.
Get in touch and allow us to appear on your behalf to fight for bail.
Call us on 0468 364 121 for some free advice