If you have been arrested and charged with a serious criminal offence it may seem as though getting bail will be very difficult. However, the skilled and experienced lawyers at Sydney Criminal Law Specialists have been able to successfully obtain bail for many clients in difficult situations. If you have been arrested and charged with a serious offence and need to put forward a bail application, the most important thing to do is to get in contact with skilled bail application lawyers, who will be able to ensure that a strong bail application is put forward on your behalf.
When will I need to make a bail application?
If you have been charged with an offence the police may choose to arrest you and take you back to the police station to be formally booked. Depending on the nature of the charges against you, the police may choose to either let you go and tell you when you need to attend court, or they may choose to release you on bail. If the police do not wish to release you on bail, you will have to make a formal bail application to a court.
Getting bail from a court
All bail applicants must be able to pass the ‘unacceptable risk’ test to be granted bail. However, more serious offences are known as ‘show cause’ offences. For bail applicants who are alleged to have committed ‘show cause’ offences, they will first be required to satisfy the ‘show cause’ test, before the court will apply the ‘unacceptable risk’ test.
- The ‘show cause’ test
If you are accused of committing a ‘show cause’ offence, as under 16B of the Bail Act 2013, the first step to successfully being awarded bail will be to show sufficient reasons as to why it would be justified to grant you bail. If you are unable to show why your continued detention is not justified, you will not be granted bail. Factors that the court will take into consideration as part of the ‘show cause’ test include the following:
- Any criminal history you may have;
- The strength (or weakness) of the evidence in the case against you;
- The seriousness of the charges against you;
- Any medical problems you may have;
- Any reasons you need to stay in the community;
- Your cultural background; and
- The length of jail time you are facing if convicted.
Sydney Criminal Law Specialists will be able to look at your circumstances and make a strong and detailed submission as to why bail in your circumstances are justified. Once you have successfully shown cause, you will need to convince the court that you do not pose an ‘unacceptable risk’ if released on bail. If you are not accused of a ‘show cause’ offence, the court will go straight to the ‘unacceptable risk’ part of the process.
- The ‘unacceptable risk’ test
In order to prove that you do not pose an unacceptable risk to the community if released on bail, there are a number of things that the court will consider. Elements that the court will consider in making this assessment include the following:
- Connections to the community: whether you have a job, a family or other community ties;
- Any criminal history;
- The strength of the case against you;
- The safety and concerns of any alleged victims;
- Whether or not you pose a flight risk; and
- Bail conditions that may be imposed to mitigate any risks.
Following this step, the court will decide whether or not you should be granted bail, and whether or not there should be any conditions for bail, to mitigate any risk you may pose.
Numerous conditions can be applied to a grant of bail, including:
- Surrendering your passport;
- Residing at a specific address;
- A curfew;
- Agreeing not to associate with certain individuals; and
- Regularly reporting to the police.
Depending on the nature of the charge against you, there are other conditions that may be imposed upon you for you to be granted bail. You may have to pay a bond, meaning you or another person will be required to provide an amount of money for you to be released on bail. Sometimes the money must be deposited with the court before you can be released on bail. If you do not attend court on the required date, this money will be lost. The amount of money required will depend upon the circumstances of your case. Breaching your bail conditions can lead to very serious consequences.
What if your bail application is refused?
Under s74 of Bail Act 2013, it can be difficult to get a second same-court application for bail after the first application has been denied. It is therefore of the utmost importance that you have specialist criminal defence lawyers who can ensure that your bail application is as strong as possible in the first instance.
However, depending on your circumstances, we may be able to lodge a bail application in the Supreme Court of NSW for you. Generally, there is only one opportunity to get bail granted by the Supreme Court of NSW, meaning that the strength of your application is everything.
Our expertise and extensive experience means that we frequently achieve bail for our clients, even in seemingly impossible circumstances. Our team of specialist lawyers are available 24/7, 7 days a week to advocate for your bail application. Get in touch at 0434 856 436 or email us at firstname.lastname@example.org for immediate assistance with your bail application.
The information provided on this website is for general informational purposes only and does not constitute legal advice.