Bail Act 2013
If you or someone you know has been charged by police and held in custody, the first question most people ask is “How to get out?”. The simple answer is, by getting legal advice and applying for bail.
Only one bail application in the Local Court
When new charges reach the Local Court, the person held in custody (“the accused”) is only permitted to make one bail application. For this reason, it is important to bring the best application possible.
Further applications can be made in the Local Court if there is a change in circumstances (or other criteria are met) but there is no guarantee the court will allow further applications.
Applications for bail can also be made to the Supreme Court, but they take weeks to prepare and be heard in court.
What is a bail application about?
The purpose of a bail application is to convince the magistrate or judge that the accused will, if released, come to court when required, not commit any serious offences, not endanger the safety of anyone and not interfere with witnesses or evidence.
It is important to note that if the charge or charges are very serious the accused person may also have to demonstrate to the court why their detention is not justified. This is known as the “Show cause requirement”.
What does a well-prepared bail application look like?
An application for bail should be made on the basis of evidence, namely affidavits. The evidence will confirm the facts relied on by your lawyer to convince the court to grant bail.
The court needs to know about the following matters,
- The proposed living arrangements for the accused person, including where they will live and who they will live with,
- The existence of personal commitments including employment, financial and family,
- The existence of any medical issues and the need for medical or specialist support, and
- Any other matter specific to the accused.
Developing a strategy for the bail application and beyond…
A well-prepared bail application will set the groundwork for bail to be granted but also manage the risks relating to the charge/s and the potential outcome of the criminal proceedings.
Jeremy L. McGrath
Penrith Lawyers