BAIL

Bail is the temporary release of an individual who has been charged with a criminal offence and is waiting for their matter be processed through the court system.

Where an individual has been charged, the police will have the power to decide whether an individual will be released on ‘police bail’. Where the person has been bail refused by the police, he or she will be brought before a Magistrate, at the earliest reasonable opportunity, for a determination on whether ‘Court Bail’ should be granted.

BAIL APPLICATION

The Bail Act 2013 governs bail in NSW. Normally, a person should be granted bail by the court unless there is an unacceptable risk that they will:

  • Fail to appear in court;

  • Commit further offences;

  • Endanger the safety of another person; or

  • Interfere with witnesses and evidence.

In evaluating the bail concerns, the court considers various factors such as the nature and seriousness of the offence, the strength of the prosecution case, any history of violence or failure to comply with conditions, the length of time in custody if bail is refused, the need to be free to prepare for court and obtain legal advice, and more.

During a bail application, a defence lawyer will suggest bail conditions to the court in order to mitigate any "unacceptable risk".

BAIL CONDITIONS

Conditions can involve another person, known as a surety or acceptable person, agreeing to deposit or forfeit funds as a guarantee of your compliance with bail conditions and court appearances. Additionally, conditions may include:

  • Residing at a certain address

  • Reporting to Police station on one or more days of the week

  • An acceptable person deposits a sum of money

  • Abiding by a curfew

  • Present oneself at the front door at the reasonable request of the police

  • Surrendering of passport

  • Not approaching any international point of departure

  • Not approaching any witnesses

  • Not to associate with any co-accused

  • Abstain from drugs or alcohol

  • Attend drug or alcohol rehabilitation/treatment

  • Undergo regular drug and alcohol testing

  • Possessing only one mobile phon

Upon conclusion of your case, the bail agreement ends. If you have followed terms of your bail without violation, any funds deposited with the court will be reimbursed.

The court has the discretion to grant bail with or without conditions.

PREPARING FOR A BAIL APPLICATION

It is crucial to allocate sufficient time to assess the necessary information and supporting documents required for briefing a criminal lawyer for a bail application. Timely provision of such materials expedites how soon the bail application can be made to the court. Below is a summary outlining the essential information and documents that will require to be prepared for.

① Documentation Relating to the Charges

Upon being charged, the accused receives copies of the Statement of Material Facts, Prosecution Notices, and their criminal history or record of offences. These documents are the first matters analysed by a lawyer and will need to be shared before any preparation steps.

② Matters Personal to the Accused

Personal information and circumstances will need to be informed and discussed with your lawyer. These details may include contact details of the family, marital status, children or codependents, upbringing, education, background, ties to the community and many more.

③ Providing a Surety to the Court

Organising a person who can act as a surety for grant of bail will strengthen an application. Discussing with your lawyer about who would be an appropriate candidate and the realistic funds required for a grant of bail will also need to be actioned.

WHY CHOOSE SYDNEY DEFENDERS TO BE IN YOUR CORNER

Sydney Defenders specialises in advocating for their clients, protecting their rights and seeking justice through fair hearing.

Drawing upon a collective experience of over a decade, our firm is dedicated to delivering services that excel beyond comprehensive, honest and strategic representation but also supportive and empathic client-lawyer connection.

This unique blend of qualities has earned our team a stellar reputation for providing five-star quality services, as recognised by our clients.

Whether you're seeking to plead not guilty, aiming for the best legal outcome, or assisting a loved one in applying for bail. Making sure you have experienced lawyers who understand the intricacies of the law is fundamental.

Getting legal advice early on is crucial to ensuring your rights and interests are protected. Our lawyers will properly assess your case and guide you towards achieving the best possible outcome.