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Bail

The key to our success is based on our fearless commitment to the cause of our client in each and every case that we undertake.

The Kells’ criminal team understands the importance of getting it right the first time. Experience and knowledge are vital in cases such as bail applications.

How do I get bail?

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):

  1. Release without Bail (s9. by Police)
  2. Dispense with Bail (s10. by court or authorised justice)
  3. Grant Bail (with or without conditions) (s11 by police, court or authorised justice)
  4. 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.

It is important you get the correct advice prior to making an application, as if it is refused, you can only make another application if you can show circumstances that are materially different to the original application.

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.

Our team of criminal specialists, headed by former police officer and prosecutor for the NSW Police, can assist you with your bail application. We are available 24/7 to help you. Call Patrick Schmidt today on 0410 593 059.

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