Book A FREE Consultation
Make a Booking Online Now
What is Bail?
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.
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. The most significant recent amendment concerns the introduction of a presumption against bail for terrorism-related offences or terrorism-related conduct.
The Test For Bail
There are several different tests that relate to bail, including:
- Â 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
- Â 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
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.
National Criminal Lawyers Has You Covered
National Criminal Lawyers are Sydney’s most high-profile lawyers. This is because, we give a specialist bail lawyer guarantee, we get the results and we have appeared in some of Australia’s most high-profile cases.
Our principal Lawyer, Mr Michael Moussa, has been successful in obtaining bail for some of the most complex cases including importation of large quantity drug supplies, manslaughter/murder charges and sexual assault offences.
Why National Criminal Lawyers?
- We are the best Sydney Criminal Defence Lawyers on offer;
- We realise how important the recording of a non-conviction is for employment and travel, and visa applications; and
- As the best Traffic Lawyers Sydney provides we realise how important your driver’s licence is;
- We always seek to obtain for you the least restrictive option and penalty available and strive to be the Best Results Lawyers on sentence and penalty;
- We understand that one of the worst consequences of a conviction is the damage to your reputation. At National Criminal Lawyers we ALWAYS seek to restore your reputation;
- As one of the Top Law Firms Sydney we are experts at knowing what to present to the Court when addressing on penalty;
- We always guide you through the preparation work required and assist in helping you provide the best of character references and letters of apology. We also use the best psychologists, medical and other experts where required;
- We are familiar with all the Magistrates Courts including with Court staff such as Magistrates and Court officers and we deal with the police prosecutors cordially;
- We can guide you through the completion of educational/rehabilitative programs such as the Magistrates Early Referral Into Treatment program (M.E.R.T.) and/or the Traffic Offenders Intervention Program (T.O.I.P);
- 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 and will not be subjected to a Junior or recently graduated Lawyer;
- We are the experts in either beating or having criminal charges withdrawn AND/OR obtaining the least restrictive penalty available. This is because no matter which option you choose within our tailored Options at Law you will be dealing with experienced criminal lawyers who can make sure the evidence is not only obtained properly but also that your case is prepared and presented to the highest best practice standards possible. As the most Affordable Criminal Lawyer Sydney has to offer this is also done without breaking your pocket;
- National Criminal Lawyers are the best defenders of your rights. In particular at National Criminal Lawyers we know that Criminal Law is a matter of Human Rights. For this reason, we take pride and passion in representing our clients. This pride and passion to assist those charged with an alleged or actual breach of the criminal law is to us a matter of righteous necessity and in that sense, you can always rest assured that National Criminal Lawyers are the best defenders of your rights;
- We have represented thousands of clients on sentence and addressed the Court on penalty thousands of times. We have a high percentage of success rate compared to other firms;
- Our clients Testimonials speak for themselves. For consideration of these testimonials see www.nationalcriminallawyers.com.au and/or check out our google reviews;
If you have been charged with any Criminal offence our Team at National Criminal Lawyers are well versed and specialists in addressing on penalty and otherwise achieving favourable outcomes. Please contact our office on 02 9893 1889 or visit www.nationalcriminallawyers.com.au for more information about your options.
