Bail often sets the tone for the rest of your criminal proceedings. It is important to seek legal advice and obtain representation if you are an accused person involved in bail proceedings of any kind. Contact us for a free initial consultation.
In the event that bail is refused by police, the matter must be brought before the Courts. At first instance, a Local Court Magistrate usually considers the application. If a release application by an accused person is refused by the Local Court, or granted on conditions that the accused is unable to meet, a further application may be brought in the Supreme Court. Subsequent applications may be made in certain circumstances, but these are limited.
There are four kinds of bail application. They are:
- A release application by an accused person;
- A detention application by a prosecutor;
- A bail variation application by any “interested person”;
- An application by the prosecutor for a “stay” of a grant of bail for three days, for a “serious offence”.
An accused person making a release application must satisfy the bail authority on the following tests:
- The “show cause” component, which requires a person accused of a “show cause” offence to show cause as to why continued detention is not justified. A show cause offence is a serious indictable offence or a stipulated indictable offence, such as murder, sexual assaults, firearms offences and drug offences.
- The “unacceptable risk” component, which requires an accused to demonstrate that there are no unacceptable risks of granting bail that cannot be mitigated by the imposition of conditions. Unacceptable risks include flight risks, risks to the community and risks to the integrity of the trial process, such as the possibility of interfering with witnesses and other evidence.
- Where there are no unacceptable risks, bail will be granted.
- When there is an unacceptable risk that can be sufficiently mitigated, “conditional bail” will be granted. Conditional bail may involve requirements such as regular reporting to the police station, a curfew, the surrender of passports and the lodgement of surety monies.
If there is an unacceptable risk that cannot be mitigated by bail conditions, then bail will be refused.
For information about bail generally, visit this page.
As such, it is important to obtain legal advice to maximise your chances of a good outcome at Court.
If you are seeking legal advice, contact us for a free initial consultation.