Australian Criminal Law Group are Sydney’s best criminal lawyers for bail applications.
The process of applying for bail can be one of the most frightening experiences for people accused of crimes and their families. Bail applications are high stakes because if unsuccessful, a person may stay in prison for weeks months or years, waiting for their case to finalise. This is a terrifying prospect for someone who has never been to jail and may not think they are tough enough to survive.
Even for people who have been in and out of prison before, the prospect of being refused bail is confronting. It rips them away from their children, wives, family and friends. They only have a couple of hours visits at correctional centres and 6-minute phone calls.
The impact of being refused bail can be devastating. This is why Australian Criminal Law Group are the criminal lawyers and barristers that you and your family need if you are refused bail.
Below is information about the bail process. If you need further representation or bail advice, make a website enquiry here or call our free 24/7 bail hotline on 02 8815 8167.
How do I get bail?
When you have been charged by the police you may be granted “police bail” immediately. If this is the case it means that you can be released into the community to go about your normal life until your case finishes. Depending on the severity of the offence you may need to comply with certain conditions to meet the terms of your bail. This can include requirements for residing at a specific address, abiding by a curfew and to report to the nearest police station.
If the police refuse bail you will be taken to appear before the nearest court where you can make a bail application at that time. If you are refused bail at the Local Court or District Court, you can appeal the decision to the NSW Supreme Court. In some circumstances you make a second application to the Local Court, District Court, or Supreme Court.
When is bail granted?
Bail is sometimes relatively easy to obtain. In less serious cases the court will consider only 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
In assessing the above bail concerns, the court will consider (among other things) your community ties (employment, family, etc), criminal record, the seriousness of the offence, and the strength of the case. They will also consider whether there are bail conditions that can limit any likelihood of any bail concern being realised.
For more serious offences, it is harder to be granted bail because an Accused person is required to show cause as to why they should be released. 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.
Supreme Court Bail
If you are refused bail in the Local Court or District Court, you can appeal to the Supreme Court to grant you bail.
At the Supreme Court the judge hears evidence from people who support your bail application. These could include family, employers, and treatment providers.
There is a lengthy wait for Supreme Court bail applications, and they should be lodged immediately after a person is refused bail in the Local Court or District Court.
If you are granted bail it is usually conditional. Common conditions usually include:
- Someone deposits bail money with the court to ensure you attend court.
- You are to reside at a certain address.
- You observe requirements while on bail including a curfew, reporting to police, restrictions on you associating with specified persons or visiting specified places.
- You surrender your passport.
Do I do need to give the court bail money?
As part of someone’s bail money is deposited with the court as part of a condition to ensure an Accused person appears at court. If the person appears at court in accordance with their bail condition the money is returned when the hearing has finished. If the person does not attend court the government is given the money.
Bail results of our solicitors
Our solicitors have obtained bail for clients charged with many offences, including:
- Sexual intercourse with a child under 10 years of age
- Aggravated sexual assault (gang rape)
- Aggravated sexual assault of child under 14 years of age
- Drug importation
- Large commercial drug supply
- Cultivate large commercial quantity of cannabis
- Manufacture methylamphetamine
- Inflicting grievous bodily harm with intent to cause grievous bodily harm
- Wounding with intent to cause grievous bodily harm
- Robbery armed with a dangerous weapon
- Robbery armed with an offensive weapon
- Possession of prohibited pistols
- Dangerous Driving occasioning death