Bail is the conditional release of a person who has been charged with a criminal offence, before those offences have been finalised. When a person is released on bail, they must sign an undertaking to come to court when required to do so and not to commit any offences while on bail. There may also be other conditions attached to a person’s bail depending on the circumstances such as curfews or reporting to the closest police station on specified days.

Bail can be granted by the police or by a court. If a person is refused bail by police, they must be brought to court as soon as possible and given the opportunity to apply for bail. This will occur at the nearest Magistrates Court. Bail can also be granted by the District Court and the Supreme Court.

If a person breaches the conditions of their bail, they may be arrested and remanded until the charges against them have been finalised. They may also be regranted bail on the same or different conditions.

The Bail Act 1977 divides offences into three categories:

• Offences with a presumption of an entitlement to bail
• Show Cause Offences
• Offences for which bail must be refused unless there are exceptional circumstances

There is a presumption that an accused person is entitled to bail for all offences that do not fall into the second and third categories.

Regardless of the offence, the court must consider whether there is an unacceptable risk that the person would:

• Fail to attend court;
• Commit any other offence whilst on bail;
• Endanger the safety or welfare of the community;
• Interfere with witnesses or obstruct the course of justice.

Our lawyers are highly experienced in bail applications, call us today and discuss your options for bail and how to best prepare for a strong bail application.