It is a fundamental principal of our legal system that every person has the right to be presumed innocent, until proven guilty. Part of that right is the right for a person who has been charged to be released on bail, unless the offence is of a violent nature or it is believed the person charged is a risk to the community, or a risk of not returning to Court after release.
In many cases you will only have limited opportunity to apply for bail and so it is important that you are properly advised before an application is made, as failure can result in having to stay in custody for a long period. Our team of experienced Criminal Lawyers understand the Law and your rights and can advise you upon them. We can assist you in applying for bail, or varying your Bail conditions.
There is a general presumption of bail for all minor offences and offences not punishable by a sentence of imprisonment. Some offences specifically have a presumption against bail being granted, such as the importation, supply or manufacture of a commercial quantity of drugs, serious property offences, serious firearm or weapons offences, rioting offences and those serving a life sentence who commit an offence whilst on parole. More detail on these offences can be found in the corresponding sections of the act.
Applications for bail in relation to murder offences and repeat violent offenders are also usually unsuccessful unless it can be shown that exceptional circumstances exist. such as a weak prosecution case, a strong case for self defence, where the accused is no threat to the community or where the accused has an intellectual or mental disability.
Applications for bail can be heard in a range of jurisdictions and will depend on what type of offence you have committed. Bail can be applied for in the police station, in the Local Court or in the Supreme Court where an application has already being heard by another court..
Factors that will be taken into account in determining granting or varying bail includes:
- the probability that you will appear at Court
- your personal interests, including your employment, family and other obligations
- the protection of the alleged victim and the victim's family;
- the protection of the community