LAWYERS FOR BAIL: 10 MOST COMMON BAIL QUESTIONS!
Have you or someone you know been accused of or charged with a criminal offence?
Criminal Lawyers Group have been nationally recognised as the number one Lawyers for Bail in securing bail for people charged with criminal offences, including serious criminal offences.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of expert Lawyers for Bail at Criminal Lawyers Group immediately for a free consultation.
In this article, we will explore the 10 most common bail questions. If you need further information or if your question is not listed below, our specialised Lawyers for Bail are available to speak directly with you.
WHAT IS BAIL?
Section 7 of the Bail Act 2013 (NSW) defines Bail as the authority to be at liberty for an offence, including an alleged offence.
The law provides that bail can be granted to any person accused of an offence and that a person who, because of bail, is entitled to be at liberty for an offence is entitled (if in custody) to be released from custody.
WHAT IF ANOTHER LAW FIRM FAILED TO GET ME BAIL?
Our specialised and award-winning Lawyers for Bail at Criminal Lawyers Group have secured Bail for clients after previous law firms had failed to get them Bail. Visit our website to view the high-profile cases where our Lawyers for Bail obtained Bail, in situations where other law firms had failed to do so.
CAN A SECOND BAIL APPLICATION BE MADE?
Yes, in certain circumstances you can make a second bail application if your first bail application had been refused.
Section 7 of the Bail Act 2013 (NSW) allows the same court to hear a Bail application if there are grounds for a further release application.
WHAT MATTERS ARE CONSIDERED AS PART OF ASSESSMENT OF BAIL APPLICATIONS?
Section 18 of the Bail Act 2013 (NSW) states the matters that are considered as part of the assessment of bail applications. They include, but are not limited to, the accused person’s background, the nature and seriousness of the offence, the strength of the prosecution case and whether the accused person has a history of violence.
WHY CAN BAIL GET REFUSED?
Under Section 19 of the Bail Act 2013 (NSW), a bail authority is required to refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns, that there is an unacceptable risk. An unacceptable risk is an unacceptable risk that the accused person, if released from custody, will:
- Fail to appear at any proceedings for the offence, or
- Commit a serious offence, or
- Endanger the safety of victims, individuals or the community, or
- Interfere with witnesses or evidence.
Â
WHAT ARE BAIL CONDITIONS?
Section 23 of the Bail Act 2013 (NSW) prescribes that bail conditions can be imposed on an accused when bail is granted or a bail decision is varied. Bail conditions may include, but are not limited to:
- Conduct requirements: a requirement that the accused person do or refrain from doing anything
- Accommodation requirements
- Security to be provided for compliance with a bail acknowledgment
- Electronic monitoring
WHAT IF I CAN’T COMPLY WITH MY BAIL CONDITIONS?
If your circumstances change, such as moving houses, and you are not able to continue complying with your Bail conditions, you may seek from the Court what is referred to as a Bail variation. Contact our Lawyers for Bail to discuss your options.
Â
WHAT IS A SHOW CAUSE OFFENCE?
Section 16A of the Bail Act 2013 (NSW) requires a bail authority making a bail decision for a show cause offence to refuse bail unless the accused person shows cause why his or her detention is not justified.
Section 16B of the Bail Act 2013 (NSW) states what offences constitute a show cause offence and include, but are not limited to, an offence that is punishable by imprisonment for life, a serious domestic violence offence and an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place.
CAN I APPLY TO THE SUPREME COURT?
Criminal Lawyers Group have secured the granting of Bail for clients via Supreme Court Bail applications. Section 66 of the Bail Act 2013 (NSW) provides the Supreme Court the power to hear a bail application for an offence if bail for the offence has been refused by another court, an authorised justice or a police officer.
WHO SHOULD I CONTACT TO GET BAIL?
If you or anyone you know have been accused or charged with a criminal offence, contact our expert Lawyers for Bail at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of Lawyers for Bail are nationally recognised as the best criminal law firm in NSW for securing bail for clients who have been charged with a criminal offence, including serious criminal offences.