What is Bail?

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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:

  1.  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).
  2.  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).

  1. Will the accused fail to appear at Court?
  2. Will the accused commit a serious offence?
  3. Will release endanger the safety of the victim, individuals or thecommunity?
  4. 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.

Why National Criminal Lawyers?

  1. We are the best Sydney Criminal Defence Lawyers on offer;
  2. We realise how important the recording of a non-conviction is for employment and travel, and visa applications; and
  3. As the best Traffic Lawyers Sydney provides we realise how important your driver’s licence is;
  4. 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;
  5. 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;
  6. As one of the Top Law Firms Sydney we are experts at knowing what to present to the Court when addressing on penalty;
  7. 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;
  8. 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;
  9. 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);
  10. 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;
  11. 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;
  12. 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;
  13. 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;
  14. 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 1800 CRIM LAW or visit www.nationalcriminallawyers.com.au for more information about your options.



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