Bail is the term used to describe the release of any
accused person awaiting a trial. If you have been charged with an
offence, Police must make a decision as to whether to release you
on bail or keep you in custody.
If the police refuse to give you bail, they are required to take
you to court as soon as possible so that you can make an
application for bail to the court.
Will I get bail?
In order for the court to give you bail, it must assess:
Whether you need to show cause
If the court determines you must show cause then this means you
must satisfy the magistrate as to why locking you up is not
The court must also consider:
Your background and criminal history;
Nature and seriousness of the offence;
Whether you will attend court when you are required;
Whether you will commit serious offences;
Whether you will endanger any person in the community;
Whether you will interfere with any witnesses or evidence;
Any other factor the court considered relevant.
If the court is not concerned with any of the above matters then
they may give you bail.
Will my bail be conditional?
The below are examples of conditions that may be imposed on your
Report to Police daily, weekly, etc
Live at a certain address
Give up your passport
Not associate with certain people
Not go within a specific distance of certain places
Obey a curfew
Agree to submit to breath tests
How long will my bail last?
Bail will last until your court case in finalised.
What if my bail is refused?
If you have been refused bail then you can only ask for bail
again in the same court if:
You were not represented by a Solicitor the first time you
asked for bail;
You have new information that would impact the courts
You are under 18 years of age and the last bail application you
made was on the first appearance of your offence
If your bail is refused then you may choose to apply to the
Supreme Court to give you bail. Otherwise, you must wait until your
trial or sentencing date for your court case to be completed.
What happens if I breach my bail?
If you breach your bail or any bail conditions then you may be
arrested and brought back to court.
Need advice from a Criminal Law Solicitor in New South Wales?
Talk to the team at Coutts Solicitors & Conveyancers.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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