PARRAMATTA BAIL LAWYERS

Looking for a Bail lawyer in Parramatta on a weekday, weekend, or public holiday? Australian Criminal Law Group have a team of criminal lawyers who are experienced with bail applications at Parramatta. We appear daily at the Parramatta bail courts.

Parramatta bail lawyers understand the legal requirements for a successful bail application, the supporting documentation needed and how to present the evidence in a bail application at Parramatta.

Our bail lawyers are the best-reviewed criminal lawyers in Parramatta, you can read our reviews here. This is because when appearing at the bail courts, our Parramatta criminal lawyers understand that bail applications are high stakes. We know that if the bail application is unsuccessful, a person may stay in prison for weeks months or years, waiting for their case to finalise. We
appreciate this is a terrifying prospect for our clients, their families, and friends. That’s why our Parramatta bail lawyers go all out to give our clients the best possible chance at bail.

WHERE ARE THE BEST PARRAMATTA BAIL LAWYERS?

Australian Criminal Law Group’s Parramatta office is located across the road from the bail courts. As a result, we can prepare bail applications, on short notice, with families and friends of clients who are bail refused. 

To book an appointment to discuss a bail application at Parramatta bail courts, make a website enquiry here or contact us via phone or email:

Below is information about the bail process.

WHAT IS BAIL?

Bail is where a person, charged with a criminal offence, is released from prison while their case is being determined in court.

HOW DOES A BAIL APPLICATION END UP AT PARRAMATTA BAIL COURT?

 

When arrested and charged with an offence, you will be taken to the police station for processing. The same process occurs if you breach your bail. At the police station, you have the right to contact a lawyer.

At the police station, a senior police officer may grant you bail, authorising your immediate release into the community until your
court date.  This is known as ‘Police Bail’. If the police refuse you bail, you are required to be taken to appear before the nearest court for a bail application as soon as possible. This normally happens the same or the next day.
 

On a weekday, if you are arrested in the Parramatta bail catchment then you will be taken to a Parramatta bail court. On the weekend or public holiday, the Parramatta bails courts hears bail applications for people who are bail refused from many parts of NSW. This is because most other courts are closed on weekends and public holidays. Parramatta bails court is open every day, even Christmas.

What is the test for bail?

 

There are two main types of bail application that the Parramatta bail courts hear.  The first is the unacceptable risk test.  The second is the show cause and unacceptable risk test.

Which of the two tests applies to bail is determined by the charge itself or factors subjective to you, such as whether you are on bail or parole for another offence.

WHAT IS THE Unacceptable Risk Test?

 

In less serious cases, Parramatta bail courts will apply the “unacceptable risk test” to determine if bail should be granted.  For this, the Parramatta bail courts will consider the following bail concerns:

  • Whether a person will fail to appear at any proceedings for an offence
  • Whether a person will commit a serious offence
  • Whether a person will endanger the safety of victims, individuals or the community, or
  • Whether a person will interfere with witnesses or evidence

WHAT does the court consider in THE Unacceptable Risk Test?

In assessing the above bail concerns, the bail courts at Parramatta are to consider the following matters, and only the following matters:

(a) the accused person’s background, including criminal history, circumstances and community ties,

(b) the nature and seriousness of the offence,

(c) the strength of the prosecution case,

(d) whether the accused person has a history of violence,

(e) whether the accused person has previously committed a serious offence while on bail.

(f) whether the accused person has a history of compliance or non-compliance with court orders.

(f1) Any warnings issued to the accused person by police officers or bail authorities regarding non-compliance with bail acknowledgments or bail conditions,

(g) whether the accused person has any criminal associations,

(h) the length of time the accused person is likely to spend in custody if bail is refused,

(i) the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence,

(i1) if the accused person has been convicted of the offence, but not yet sentenced, the likelihood of a custodial sentence being imposed,

(j) if the accused person has been convicted of the offence and proceedings on an appeal against conviction or sentence, whether the appeal has a reasonably arguable prospect of success,

(k) any special vulnerability or needs the accused person has including because of youth, being an Aboriginal
or Torres Strait Islander, or having a cognitive or mental health impairment,

(l) the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice,

(m) the need for the accused person to be free for any other lawful reason,

(n) the conduct of the accused person towards any victim of the offence, or any family member of a victim, after the offence,

(o) in the case of a serious offence, the views of any victim or any family member of a victim that the accused person could endanger the safety of victims, individuals or the community,

(p) the bail conditions that could reasonably be imposed to address any bail concerns in accordance with section 20A,

(q) whether the accused person has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code),

(r) whether the accused person has made statements or carried out activities advocating support for terrorist acts or violent extremism,

(s) whether the accused person has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism.

what is a serious offence in the unacceptable risk test?

 

The following matters (to the extent relevant) are to be considered in deciding whether an offence is a serious offence:

(a) whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the Crimes Act 1900 ,

(b) the likely effect of the offence on any victim and on the community generally,

(c) the number of offences likely to be committed or for which the person has been granted bail or released on parole.

WHEN DO I HAVE TO SHOW CAUSE?

People charged with more serious offences such as murder and child sexual offences, or already on bail or parole when charged with certain offences, will have to ‘show cause’ to the Parramatta bail courts as to why they should be granted bail.

This means that the onus is on the applicant to ‘show cause’ to the Parramatta bail court as to why their detention is not justified. If they can’t ‘show cause’ as to why they should not be held in custody, they will be refused bail.

Each of the following offences is a “show cause offence””

(a) an offence that is punishable by imprisonment for life,

(b) a serious indictable offence against a person under the age of 16 years, by a person who is of or above the age of 18 years,
that involves sexual intercourse with a person, or the infliction of actual bodily harm with intent to have sexual intercourse.

(c) a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm. This only applies if the accused person has previously been convicted of a serious personal violence offence,

(d) any of the following offences:

(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Firearms Act 1996 that involves the use of a firearm,

(ii) an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,

(iii) a serious indictable offence under the Firearms Act 1996. This only applies for offences that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,

(e) any of the following offences:

(i) a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,

(ii) an indictable offence that involves the unlawful possession of a military-style weapon,

(iii) a serious indictable offence under the Weapons Prohibition Act 1998. This applies only to offences that involve buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,

(f) an offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a drug.

(g) an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug.

(h) a serious indictable offence that is committed by an accused person:

(i) while on bail (whether granted under this Act or a law of another jurisdiction), or

(ii) while on parole (whether granted under a law of this State or another jurisdiction),

(i) an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,

(j) a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,

(k) a serious indictable offence of being complicit (e.g.g assisting, aiding, abetting, conspiring, etc) to commit an offence mentioned elsewhere in this section,

(l) a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person.

What does my lawyer do to show cause?

There are no specific requirements outlined in The Act for what is required to ‘show cause’, rather every application is reviewed and decided on a case by case basis. Common ways that cause is shown is a weak prosecution case, being young and in custody for the first time, medical reasons, mental health conditions or a need for drug and alcohol rehabilitation.

If you show cause, the Parramatta bails court will still need to assess if there is an unacceptable risk before you are granted bail. If you show cause and there are no unacceptable risks, Parramatta Bail court will grant bail and you will be released.

Generally, if there is a Show Cause Requirement for bail, it means that bail will be more difficult to have granted.

What Bail Conditions can the court impose?

 

Common conditions that Parramatta bail court may include but are not limited to the following examples:

  • Security by way of property or money guarantee deposited to ensure the applicant attend court.
  • Applicant to reside at one specific address.
  • Applicant to use a single mobile phone
  • Curfew imposed preventing the applicant from leaving their home between specified times.
  • Applicant is restricted from associating with specified persons
  • Applicant is restricted from visiting specified places, locations and entire suburbs.
  • Applicant requirement to report to police on specified days
  • Applicant forbidden from entering international departure points
  • Applicant to surrender their passport
  • Applicant to abstain from alcohol and drugs, including regular sobriety tests

What happens if i am refused bail at parramatta bails court?

If you are refused bail at the Parramatta bails courts, your criminal lawyer can appeal the decision to the NSW Supreme Court. In some circumstances, your criminal can make a second bail application to the Local Court or District Court.

can i make a second bail application to parramatta bails court?

Second bail applications to the Parramatta bails courts, can be made by your bail lawyer where:

  • You didn’t have representation by a qualified lawyer as part of your first bail application
  • There is new information that you have to tell the court about why you should get bail
  • There has been a change in circumstances
  • You are under 18 years of age and the last bail application was made on your first appearance for the offence.

If a bail application was made to the Parramatta bails court and it was refused, it is worth considering if any of the above criteria apply to your case.  Supreme Court bail applications typically take 3-4 weeks to be heard from the time they are lodged,  whereas reapplying via local court means you could have your matter heard sooner (3 day wait).  If you are refused again or none of the above reasons apply, the bail application can then still be escalated to the Supreme Court.

 

can i apply for supreme court bail if my application is refused?

If you are refused bail Parramatta bail courts, you can appeal to the Supreme Court to grant you bail.  This is a completely new bail application that is made.  An application for bail can only be made after a local court application for bail is refused. 

A release application to the Supreme Court needs to be lodged with supporting application. If it is lodged before close of business on Wednesday, it will be placed in the Supreme Court bail call over the  following Monday. A date for the Supreme Court release application is normally given 2 to 3 weeks after the Supreme Court bail call over.

At the Supreme Court a single judge hears evidence from people who support your bail application. These could include family, employers, and treatment providers.

Obtaining bail for a range of offences

 

Our Parramatta bail lawyers have obtained bail for clients charged with many offences, including:

contact details for parramatta bail lawyers

 

Our Parramatta bail lawyers are available 24/7, 365 days a year to assist. We appear at bail applications daily, including weekdays, weekends, and holidays. If you or a loved one needs help with an application to be granted bail at Parramatta bails court, make a web enquiry here or contact us on (02) 8815 8167 to arrange an appointment to speak with one of our Parramatta bail lawyers.

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This information is intended as a general guide to law only.  It should not be relied on as legal advice and it is recommended that you speak with a qualified lawyer about your situation.

Australian Criminal Law Group and its suppliers make every reasonable effort to ensure the accuracy and validity of the information provided on its web pages. At the time of updating, this information was correct, however, given the laws in NSW and Australia are continually changing, Australian Criminal Law Group make no warranties or representations as to its accuracy. 

Sources:

Bail Act 2013 No 26:  Current version for 27 March 2021 to date (accessed 11 August 2021 at 0:35)

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