What is Bail?
Bail is the temporary release of an accused person while their case is pending in court. Its key purpose is to allow individuals to maintain their freedom until their trial or hearing, provided they comply with certain conditions imposed by police or the Court.
Types of Bail?
After you have been charged with an offence, you may be granted bail by the police. Alternatively, they may choose to keep you in custody until you are brought before the nearest Local Court at the earliest opportunity. This is where our team at Jackson John Defence Lawyers can make a bail application for you to be released back into the community. Bail applications can be made in the Supreme Court if you are unsuccessful in the Local Court.
What is the Process of being Granted Bail?
The first test the Court must consider in making a bail decision is the “show cause” test, which will apply if the charge is for a “show cause offence”, such as an offence punishable by imprisonment for life. In this test, the accused person must give sufficient reasons as to why their continued detention is not justified. The below diagram, provided by the Bail Act 2013 (NSW), illustrates this process.
If cause has been sufficiently shown, the Court must then move to the unacceptable risk test, which is shown in the below diagram.
For you to then be granted bail, the Court must be satisfied that you do not present an unacceptable risk that, if released from custody, you will:
As per the above diagram, if none of the above unacceptable risks are present, the Court must decide if there are any bail concerns, and that if any bail concerns do exist, whether they can be mitigated through the imposition of bail conditions. Some of these bail conditions can include forfeiting a passport or residing at a certain location.
Why Jackson John Defence Lawyers?
Our experienced team of lawyers specialise in navigating the bail system. We are committed to protecting your rights and working tirelessly to secure your release under the most favourable terms possible.
What are our Bail Services?
Bail Applications
We will prepare and lodge bail applications on your behalf, ensuring that they best meet the specifics needs of your case. We will endeavour to obtain all relevant evidence, prepare statements and affidavits, and advocate on your behalf to enhance your prospects of success.
Bail Variations
If you are already on bail and require modifications to the conditions, we will help you seek the necessary variations to better suit your circumstances. This may include reducing the frequency of your reporting requirements or removing restrictions such as travel bans.
Second or Subsequent Bail Applications
If your initial bail application was unsuccessful, our legal experts will work tirelessly to appeal the decision and advocate for your release. Our team are ready to appeal the most complex cases, undergoing a thorough case review and providing the best possible grounds for appeal.
Appeals Bail
Should you have been convicted of an offence, and are awaiting appeal, the team at Jackson John Defence Lawyers can prepare your application for appeals bail. The threshold for obtaining bail in this circumstance is high, so it is critical you receive robust representation.
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Legal Practitioners employed by this entity are members of the scheme and participate in the Discretionary Higher Cap.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community.
We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
© 2024 JACKSON JOHN DEFENCE LAWYERS – Privacy Policy
Liability limited by a scheme approved under Professional Standards Legislation.
In the spirit of reconciliation, Jackson John Defence Lawyers acknowledges the Traditional Custodians of country throughout Australia and their connections to land, sea and community. We pay our respect to their Elders past and present and extend that respect to all Aboriginal and Torres Strait Islander Peoples today.
