SPEAK WITH A CRIMINAL LAWYER

The Bail Act 2013 states simply under s 7(1) that “Bail is authority to be at liberty for an offence”. The Act provides a standard method of dealing with the release of persons arrested for criminal offences, at the time of charging by a Police Officer known as an Authorised Officer, or by an authorised justice, Judge, Magistrate or Justice at the time of a court appearance.

Four Bail Decisions can be made by various authorities (Section 8):

• Release without Bail (s9. by Police)
• Dispense with Bail (s10. by court or authorised justice)
• Grant Bail (with or without conditions) (s11 by police, court or authorised justice)
• Refuse Bail (s11 by police, court or authorised justice).

In order to be granted bail, you need to show to the court that your release will not pose an unacceptable risk to the community.

Some offences fall under the category of “show cause”. In these situations, the accused person must “show cause/reason” as to why their detention is not justified. If you are able to overcome this hurdle then the matter would proceed as a normal bail application.

When deciding whether to grant bail, the court considers various factors, including the nature and seriousness of the offence, the accused's criminal history, their ties to the community (such as family, employment, and assets), their reputation, the risk of flight, and the potential threat to public safety. The court may also consider the strength of the evidence against the accused and their likelihood of appearing for future court dates.

Yes, bail can be denied if the court determines that the accused poses a flight risk, is a danger to the community, or if there are concerns about obstructing the administration of justice. The court may also deny bail if the offence is particularly serious or if the accused has a history of not appearing for court hearings. However, it is essential to remember that bail denial should be based on strong and justifiable grounds.

Bail conditions are the set of rules and restrictions that an accused must follow while released on bail. These conditions may include surrendering their passport, regular reporting to a designated authority, avoiding contact with certain individuals or locations, complying with a curfew, refraining from consuming alcohol or drugs, and attending all court hearings. Bail conditions are imposed to ensure the accused's compliance with the legal process and to mitigate any potential risks associated with their release.