Bail is a convoluted and complex area of law governed by the Bail Act NSW 2013. To get the best result on Bail applications you should only engage a legal team that are best results lawyers for obtaining Bail.
A significant change to the Bail Act was assented to on 27 June 2022. To learn more about this change click here.
What Is Bail?
Bail is basically a question as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions. In other words, Bail is “authority to be at liberty for an offence”, subject to limitations.
The Law In Relation to Bail
The Bail Act 2013 governs the award or refusal of Bail. The current Bail Act commenced on 20 May 2014. The Act has been amended in a significant respect twice since its enactment. On 28 January 2015, the Bail Amendment Act 2014 commenced. The amendments effected by that Act saw the introduction of the show cause requirement in s 16B. The Act was amended again with effect from 6 December 2016 following separate reviews of various aspects of the Act by his Honour Judge John Hatzistergos; the Sentencing Council; and the Commonwealth — New South Wales Martin Place Siege review. Another amendment concerns the introduction of a presumption against bail for terrorism-related offences or terrorism-related conduct. The most recent significant change to the Bail Act was assented to on 27 June 2022 that will affect all criminal law practitioners and individuals facing serious criminal charges. To learn more about these changes click here.
The Test For Bail
There are several different tests that relate to bail, including:
- The Court determining if the matter is a Show Cause offence?
- (If the matter is show cause you must show cause as to why
detention is not justified).
- (If the matter is show cause you must show cause as to why
- If the matter is not a show cause matter OR if detention is not justified the Court moves to assesses any bail considerations
What are Bail Considerations?
There are four main Bail considerations as follows; (A Bail consideration can be either a Bail Concern or an Unacceptable Risk).
- Will the accused fail to appear at Court?
- Will the accused commit a serious offence?
- Will release endanger the safety of the victim, individuals or thecommunity?
- Will the accused interfere with witnesses or evidence?
If the outcome is there is no Bail Concern or a Bail concern that can be mitigated with a condition Bail will be granted.
If the Bail consideration is assessed by the Court to be an Unacceptable Risk bail will be refused.
The Complex Tests on Bail
The Bail tests are intermingled and complex and the one that is applicable to your case depends on the type and number of charges that you are facing. Bail may be more difficult to obtain for serious drug offences such as importations, violent offences including sexual offences, murder and robbery. You may also find it more difficult to be granted bail if you already have certain offences on your criminal record, are considered a Dzrepeat offenderdz, or were already on a bond or on bail at the time of the alleged offence.
Common bail conditions include:
- Curfew;
- Periodic reporting to the police station;
- Residing at a specified address;
- Offering a Bail Surety (promise to pay or forfeiture a certain amount of money)
- Not being able to leave the state and/or country; and
- Not being able to associate with witnesses or co-accused.
- Comply with AVO
- Engage in rehabilitation
- Offering a Character acknowledgement
- Surrender Passport
- Drug and Alcohol Testing
- Not enter certain place or places ; and/or
- Not enter the driver’s seat of a vehicle
Is Bail As a Conditional Freedom
When bail is granted, the Accused is released from custody, but their release may be subject to conditions.
Denial Of Bail
If bail is refused, the Accused is remanded in custody. Remanding a defendant in custody should also be regarded as a last resort.
When Bail Can be Granted?
Bail can be granted at any stage of the criminal process from the point of arrest through to the trial, sentence and final appeal. Seeing it’s your liberty or the liberty of a loved one at stake be sure to employ the best criminal Defence Lawyer you can.
If you or someone you know needs assistance with a Bail related matter National Criminal Lawyers can guarantee that a Senior Defence Lawyer will represent you. This means that with our over 25 years of Combined criminal law experience you will get the best result possible.
