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.
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.
WHAT IS YOUR NEXT STEP ONCE YOU HAVE BEEN CHARGED WITH THE OFFENCE?
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.
CAN YOU APPLY FOR BAIL AND WHAT ARE THE CONDITIONS?
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 out on bail?
- Will you endanger any person or the community whilst out 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 passport
- Requirement not to associate with specific people
- Requirement not to go within a certain distance of a specific place
- Requirement to obey a curfew
WHEN SHOULD YOU
CONSULT A LAWYER?
Brydens Lawyers should be consulted as soon as you have been charged with an offence or suspect that you will be charged.
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.
WHAT ARE THE
LEGAL COSTS INVOLVED?
Bail will often 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 future dates. Sometimes security can be property instead of money.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers are experts to assist in the defence of that charge or, alternatively, the plea to the charges to ensure a satisfactory outcome for our clients.
In January I lost my license for 6 months due to a medical condition. I got in contact with Avinash Singh from Brydens Lawyers, straight away Avinash put me at ease. Within a week my license was renewed, and I was able to drive again. I was so impressed with the dealings I had with Avinash and Brydens Lawyers, I wouldn’t hesitate to use them again or recommend them to my family of friends.
Andrew Johns of the NRL.
Avinash made us feel at ease and has taken the stress from us. Today I can say we are much happier as a family and we have our son back.
A client of our Criminal Law division.
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