If a person is arrested on suspicion of having committed a crime they can be either kept on remand, that is in prison, or alternatively released on bail until such time as the hearing of the charges in court.
If arrested by the police you will be advised as to whether you will be required to be retained in custody or alternatively the police can release you on bail.
Often being released on bail will occur on conditions. These conditions could include having to report to the police station on a regular basis until such time as the matter has been listed for hearing.
In the event that the police do not release you on bail then you will be brought before a court. On the first occasion that you appear in court consideration will be given as to whether an application is to be made for bail and if so, a determination is then made by the court as to whether bail is to be granted.
Whether or not bail is granted is a matter for the court. In support of an application for bail you may have to “show cause”. This means that you will have to satisfy the court why you should be granted bail and not kept on remand. There are many factors that a court will take into account when considering an application for bail. If the court has ordered that you show cause this generally means that it may be more difficult to successfully bring an application for bail.
In consideration of a bail application there are four (4) factors that the court must determine. They are:
- Will you attend court when you have to?
- Will you commit any serious offences whilst on bail?
- Will you endanger any person or the community whilst on bail?
- Will you interfere with witnesses or evidence relevant to the proceedings whilst on bail?
If the court is satisfied as to the results of these enquiries then in all likelihood bail will be granted and it is most likely that conditions will also be imposed on that bail.
There are different types of bail conditions that can be set by the court. These might include:
- Having to report to the police every day.
- Requirement to live at a specific address.
- Requirement to surrender your
- Requirement not to associate with specific people.
- Requirement not to go within a certain distance of a specific place.
- Requirement to obey a curfew.
If you were refused bail on the occasion of the initial application then a further application for bail can be made if there is a change in circumstances. This would include whether you have new information to bring to the court’s attention or whether you are under the age of 18 years when the initial application was made.
If the conditions of your bail are breached then it is open to the police to arrest you and bring you back before the court. The court will then consider whether bail is to be revoked or alternatively continued with additional conditions imposed.
Often bail will require the giving of security. Security usually involves the payment of money into the court to be held as security for your attendance at court on a future date. Sometimes security can be property instead of money.
Brydens Lawyers can assist by representing you in any criminal proceedings and in particular, the making of an application for bail. Should you require the assistance of Brydens Lawyers then please do not hesitate to contact us or call 1800 848 848