When a person is charged with a Criminal Offence in NSW it is the Police who initially decide if the person will be granted bail from the Police Station. If the Police are of the view that Bail should not be granted the person will be brought before a Magistrate who will determine whether bail should be granted.
It is extremely important if you are charged with any criminal offence that you immediately contact a Criminal Defence Lawyer. Benjamin & Leonardo Criminal Defence Lawyers are available 24/7 to attend Police stations to assist you in the charging process and any determinations to be made regarding bail.
Benjamin & Leonardo Criminal Defence lawyers are also available to attend any Local Court to make an application for bail if you have been refused bail at the Police station.
What Determines The Success of Bail Applications?
Obtaining bail in NSW is becoming a more difficult exercise. The Bail Act states that certain offences have a presumption against bail being granted.
However the primary consideration in a application for bail is the probability or improbability of a person responding to bail i.e. attending Court.
The seriousness of the offence and the potential penalties are not the only factors to be taken into account. If evidence can be displayed that you will respond to bail then subject to certain conditions bail should be granted.
Presumption in favour of Bail
There are many criminal offences that carry a presumption in favour of bail. If you are charged with an offence that has a presumption in favour of bail it is likely that either the Police or a Local Court Magistrate will grant bail.
Presumption against bail
There are Criminal offences in NSW which fall within sections of the Bail Act which state that bail should NOT be granted unless your lawyer can persuade the Court that either;
- Bail should not be refused; or
- Exceptional circumstances exist that justify the granting of bail.
When you are charged with offence that has a presumption against bail, a heavy burden rests on the person making the bail application to satisfy the Court that bail should be granted. The primary consideration for the Court in determining whether bail should be granted is the strength of the Crown case.
If the Court is persuaded that the Crown case is weak and you can fulfill the required conditions of bail then bail should be granted.
When the Police or a Court grants bail they may impose certain conditions that must be complied with. Some examples of bail conditions are as follows;
- Residing at a certain address;
- Reporting to your closest Police Station;
- An acceptable person deposit a sum of money;
- Abiding by a curfew;
- Surrendering your passport;
- Not approach any international point of departure (airports/ seaports);
- Not to approach any witnesses involved with the case; or
- Not to associate with any co-accused.
If a bail condition is breached you will be arrested and brought before a Court to explain the breach. If this occurs you may not be given bail again by the Court and could find yourself in gaol pending the finalisation of your matter.
Benjamin & Leonardo Criminal Defence Lawyers appear regularly at Police Stations and in the Local Court, District Court and Supreme Court for the purpose of making bail applications for their clients.
When your liberty is at stake and you have been charged with a Criminal Offence do not contact just any lawyer. It is very important that you contact a lawyer that specialises in criminal law and has significant experience with bail applications.
Many criminal cases take up to 1-2 years before they are finalised and if bail is refused you will lose this time of your life awaiting the completion of your matter.
Please contact Benjamin & Leonardo Criminal Defence Lawyers for your FREE conference.