Bail Applications
If you’ve been denied bail or need assistance with a bail application, it’s crucial to have a knowledgeable legal team on your side. At Joshua Blom Lawyers, our bail application specialists have a deep understanding of the relevant laws and procedures, and will work diligently to help you secure your release and safeguard your rights.
Been Refused Bail?
It can be incredibly important to get advice and representation before making a bail application. Having the application for bail prepared and presented by an experienced criminal lawyer can often be the difference between bail being granted, or not.
The lawyers at Joshua Blom Lawyers have appeared in numerous local court bail applications and have the expertise to advise and guide you through the process.
Contact us now to see how we can help you
Bail applications are made following a person arrest and charge for a criminal offence
Initially, if a person is arrested and charged by the police, the police will make the decision on whether or not bail should be granted to the person.
Police bail may be conditional, or it may be without conditions.
Once refused bail by the police, a person will be taken to a Court as soon as possible so that a Magistrate can decide whether or not to grant that person bail.
However, if a Magistrate decides not decide to grant bail, then the person will remain in custody, and refused bail, until the matter for which they have been charged is finalised.
The Bail Act 2013 contains a comprehensive list of things that the court must consider when hearing a bail application. Some of these things are:
- The background of a person;
- A person’s criminal history;
- Whether the person has any community ties;
- The seriousness of the offence;
- Whether jail is a likely outcome or not;
- The strength of the prosecution case;
- The offence involves violence;
- If a person has breached bail before;
- Whether or not you’ve breach court orders before;
- Any previous instances where a person has failed to attend court;
- The time a person would spend in jail if refused bail;
- Any special needs or vulnerabilities they have;
- The need to be free in order to get legal help;
- Whether or not they have any criminal associations;
- Protection and safety of the community and victim.
The court can impose a number of conditions on a person granted bail, following a bail application. These conditions can restrict a person’s conduct or can involve giving the court an amount of money to ensure they will attend any future Court appearances.
Some common conditions imposed on bail are:
- Reporting to a police station;
- Curfews (e.g not leaving the house between certain hours);
- That you not attend certain places or areas;
- Not to speak to or contact certain people;
- A condition not to drink alcohol;
- Not to occupy the drivers seat of a car;
- The payment by an acceptable person of a surety to the court (e.g a monetary amount stipulated by the court);
- To live at a certain place; and
- Your attendance at court.
Some offences are so serious, or are committed in circumstances which make them more serious, that they have a presumption against bail.
These offences are known as show cause offences.
As a result, in all bail applications for a show cause offence, a person must show why their detention is not justified and that there are no unacceptable risks if they were to be released at liberty.