Bail Application Lawyer

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Bail Act

If you have been charged with a serious criminal offence, you may be held in custody. We know this is a stressful time, and we understand that it may seem that obtaining bail may be difficult. However, the skilled team at Criminal Law Group will be able to put forward and present the best possible bail application on your behalf. The team at Sydney Criminal Law Group have obtained bail for clients charged with extremely serious offences.

When it comes to Bail, it is important that you get it right the first time as you may be prevented from making more than on bail application.

What is Bail?

Bail is the authority for an accused person to be at liberty for a criminal offence. In other words, it is the authority for an accused person to be released while their matter is being dealt with in Court.

When will i need to apply for bail?

When you get charged with a criminal offence, it is likely that the Police will arrest you. You will then be taken to a local Police station where the bail sergeant will make a determination as to whether you are to be released. The Police may decide to release you on bail. The bail may have conditions or you may be released unconditionally. In either case, you must attend Court on the date that your matter is scheduled to be dealt with.

The Police may also choose to refuse your release, in that case, you will be held in Police custody and taken to the nearest Court at the earliest possible time, The magistrate will then make a determination as to whether you will be granted bail.

How do i make a bail application to the court?

The first step in making a successful bail application to the court is ascertaining whether the offence you are charged with is a “show cause” offence.

Bail Act

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Show Cause

Show cause offences are generally more serious and require you to convince the Court that your detention is unjustified. If you are not able to convince the court that your detection is unjustified, you will be refused bail.

What is a show cause offence?

The law outlines the offences that fall within the show cause category. The offences include but are not limited to:

  1. An offence punishable by life imprisonment.
  2. Certain sexual offences against children.
  3. Certain serious Violent offences
  4. Certain offences involving firearms.
  5. Certain serious offences involving commercial quantities of drugs.

Serious offences committed while on bail or parole.

How do I convince the court that my detention is not justified?

In assessing whether your detention is justified, the court will consider several factors including but not limited to:

  1. The strength of the Police case against you
  2. Your criminal record.
  3. The amount of time you will spend in jail if you are bail refused until your case is finalised
  4. Any medical problems you, or someone you care for have.
  5. The need for you to obtain bail to adequately prepare for your case.
  6. Any other reasons justifying your release into the community.

A well-versed lawyer will persuasively argue on your behalf in an attempt to convince the court that your detention is not justified.

Unacceptable Risk

If you have satisfied the court that your detention is not justified, or if you have not been charged with a show cause offence, you will need to convince the court that you don’t pose an unacceptable risk of:

  1. Failing to attend the court if released on bail.
  2. Committing a serious offence if released on bail.
  3. Endangering the safety of victims, individuals or the community.
  4. Interfering with witnesses and evidence.

Importantly, “Unacceptable Risk” is a risk that cannot reasonably be mitigated by imposing bail conditions.  This means that if the court determines that you pose a risk in relation to the four concerns mentioned above, you may still be granted bail if conditions can mitigate that risk.

What factor will the court consider if you pose an unacceptable risk?

In assessing whether you pose an unacceptable risk of bail concerns, the court will consider a number of factors including but not limited to:

  1. Your background (including your criminal history and community ties).
  2. The nature and seriousness of the offence.
  3. The strength of the Police case against you.
  4. Whether you have a history of violence.
  5. Whether you have previously committed offences while on bail.
  6. Whether you have a history of not complying with court orders such as Bail, Parole, AVO, and Good Behaviour Bonds.
  7. Whether any bail conditions can mitigate any risks.

An experienced lawyer will persuasively argue on your behalf to convince the court that you do not pose an unacceptable risk against a bail concern.

Next Step?

Following the Court’s assessment of the show cause and unacceptable risk tests, one of the following orders will be made:

  1. Grant you unconditional bail
  2. Grant you conditional bail
  3. Release you without bail
  4. Dispense with bail
  5. Refuse your release on bail

Can I Make Multiple Release Applications?

Generally speaking, you are only allowed to make one bail application to the same court.  However, in certain circumstances, you may be allowed to make multiple release applications to the same court.  For example, you may be allowed to make a second application if:

  1. There is a change of circumstances since the previous bail application.
  2. You didn’t have a lawyer during your last application.
  3. New evidence has been discovered after your previous application.

What to do if Refused Bail by The Local Court?

If you have been bail refused by the Local Court, you can do one of the following things:

  1. Make a second application if you satisfy any of the circumstances referred to above, such as not having a lawyer.
  2. Make a bail application to the Supreme Court of NSW.
  3. Stay in jail until your case is finalised.

Since you may be prevented from making multiple release application, it is imperative that you get it right the first time.  The team at Criminal Law Group possess great experience and will argue your case with great skill and diligence to provide you with the best chance of obtaining bail.

The Supreme Court of NSW

If you are bail refused at the Local Court, you may be able to make a bail application at the Supreme Court.

This will involve a much more complicated process and an extensive amount of work.

The process involves filing a number of documents with the Court and providing copies of those documents to the Director of Public Prosecutions. For the Supreme Court to hear your bail application, you must lodge the following documents:

  1. A Supreme Court bail application form.
  2. Written submissions.
  3. Affidavits supporting your release such as persons proposing the payment of surety or character references.
  4. A document outlining any proposed bail conditions.

Once these documents are filed, the Supreme Court will hear your application and decide whether to grant you bail.

The Supreme Court involves a very technical and formal procedure.  Accordingly, it is crucial that you receive adequate legal representation.  The team at Criminal Law Group are very experienced and can make the best possible bail application on your behalf.

Bail Conditions

As outlined above, the court will not release you on bail if you pose an unacceptable risk that cannot reasonably be mitigated by adequate conditions. Accordingly, it is important to draft strong and relevant bail conditions that directly and effectively address bail concerns.

There are a number of bail conditions that can be imposed, including but not limited to:

  1. Curfew conditions, where you must stay at home between certain hours of the day such as 8pm-8am.
  2. Reporting conditions, where you have to report to your local Police Station a number of times per week.
  3. House arrest, where you cannot leave your house except for emergencies or legal appointments.
  4. Residential conditions, where you must reside at a specific address such as a family home or a rehabilitation facility.
  5. Having one mobile phone, where you will not be allowed to possess more than a single mobile device.

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  1. Surety, where one acceptable person will lodge an amount of money in court to secure your release.
  2. Surrender your passport, where you will be prohibited from holding a passport or applying for a new one.
  3. Association prohibitions, where you will not be allowed to associate with certain people such as your co-accused.
  4. Non-contact condition, where you will not be allowed to approach the victim or any other Police witness.
  5. Treatment condition, where you will be obliged to continue treatment with a doctor or a psychologist.

Electronic monitoring condition, where you will be obliged to wear an ankle monitor to ensure that you appear before the court on your scheduled date.

What Happens if I Breach my Bail Conditions?

If you have breached any of your bail conditions, the police will have the discretion to either take no action, give you a warning, issue you a court attendance notice, or arrest you and take you to court.  Once you are taken to court, the police can make a detention application, which is effectively an application to revoke your bail.

If your bail is revoked, you must make a fresh bail application in order to be released again.

It is important to bear in mind that failing to attend in accordance with a bail undertaking may result in any money lodged with the court as security being lost.

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