THE LAW ON BAIL CONDITIONS IN NSW
Bail is the authority to be at liberty and out of custody for an offence or alleged offence during criminal proceedings.
Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing bail for clients who have been charged with serious criminal offences.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of specialised bail lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS BAIL IN NSW?
Bail in NSW is defined in Section 7 of the Bail Act 1900 (NSW) as authority to be at liberty for an offence or an alleged offence.
Bail is concluded when it is revoked or when substantive proceedings for the offence conclude and, at the conclusion of the proceedings, no further substantive proceedings for the offence are pending before a court.
WHO CAN OBTAIN BAIL?
Section 7(2) of the Bail Act 1900 (NSW) states that Bail can be granted to any person accused of an offence. However, it’s important to know that for the purposes of the Bail Act, an accused person or person accused of an offence is taken to include not just a person that is currently charged with a criminal offence, but also:
- a person who has been convicted of an offence.
- a person whose conviction for an offence is stayed.
- a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending.
- a person in respect of whom a new trial has been ordered to be held for an offence.
HOW DO I OBTAIN BAIL AFTER BEING CHARGED?
If you have been arrested and charged with a criminal offence, Bail may be granted to you by the police without having to seek Bail through the Court.
The police officer is authorised to make a bail decision for an offence if the person accused of the offence is present at a police station and the officer is a police officer of or above the rank of sergeant and present at the police station, or for the time being in charge of the police station. Different considerations may apply if the accused is located at a hospital or mental health facility.
In determining whether to grant the accused bail, the police officer may decide to:
- release the person without bail, or
- grant bail (with or without the imposition of bail conditions), or
- refuse bail.
A police officer cannot make a bail decision if:
- a bail decision for the offence has been made by a court, or
- the accused person has already made a first appearance for the offence and bail has been dispensed with.
If the police grant an accused bail, they must as soon as practicable, ensure the person is given a bail acknowledgment for the decision.
WHAT IS A BAIL ACKNOWLEDGEMENT?
A bail acknowledgment is a written notice that:
- Requires the accused person to appear before a court, on such day and at such time and place as are from time to time specified in a notice given or sent to the person as prescribed by the regulations, and
- Requires the accused person to notify the court before which the accused person is required to appear of any change in the person’s residential address.
WHAT IF POLICE REFUSE BAIL?
If police refuse Bail after charging a person with a criminal offence, Section 46 of the Bail Act 1900 (NSW) requires the police to bring the accused before a Court as soon as practicable and this generally is the Local Court, or a Children’s Court if the accused is under 18.
Section 72(1) of the Bail Act 1900 (NSW) requires a court to hear any release application or variation application made by an accused person on this first appearance.
RIGHT TO POLICE REVIEW
If police refuse Bail and prior to the first Court appearance, the accused person may request a review of the bail refusal, at which point a senior police officer must carry out the review. A senior police officer must also carry out a review if bail was granted subject to a pre-release requirement and the accused person cannot comply with the pre-release requirement.
After carrying out the review of the bail decision, the senior police officer may affirm the bail decision or vary the bail decision.
However, a review is not permitted to be carried out if it would cause a delay in bringing the accused person before a court.
WHAT DOES THE BAIL AUTHORITY CONSIDER IN DETERMINING BAIL DECISION?
The bail authority makes a bail decision based on three linked questions:
Is it a Show Cause offence?
If the accused has been charged with a show cause offence, bail must be refused unless the accused person shows cause why his or her detention is not justified.
Show cause offences include, but are not limited to, an offence that is punishable by imprisonment for life, a serious domestic violence offence, a serious personal violence offence and an indictable offence that involves the unlawful possession of a military-style weapon. If you are unsure if your charge is a show cause offence, contact us now for a free consultation.
Assessment of bail concerns
The bail authority must assess any bail concerns, which are concerns that an 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.
In assessing the bail concerns, the bail authority is to consider the bail conditions that could reasonably be imposed to address any bail concerns.
The requirement to assess bail concerns does not apply if the bail authority refuses bail under the show cause requirement.
Unacceptable risks
After the assessment of bail concerns, if the bail authority is satisfied that there is an unacceptable risk that cannot be managed with bail conditions, bail is to be refused.
CAN I MAKE MULTIPLE BAIL APPLICATIONS?
If a Court has declined a bail application, or granted bail with conditions, there are situations and methods where further bail applications and variation applications can be made. However, these are subject to the circumstances and it is important to contact us to analyse your matter and discuss the options available.
WHAT ARE BAIL CONDITIONS?
Bail conditions include, but are not limited to:
- Reporting to a police station
- Residing at a specific address
- Accompaniment requirements
- Not contacting or approaching a complainant, crown witness or co-accused
- Abiding by a curfew
- Not consuming alcohol or drugs
- Guarantor agreeing to forfeit a sum of money in the event the accused fails to show up to court.
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WHEN CAN BAIL CONDITIONS BE IMPOSED?
Bail conditions can be imposed on the granting or varying of bail and are to be imposed only if the bail authority is satisfied that there are identified bail concerns and:
- The bail condition is reasonably necessary to address a bail concern, and
- The bail condition is reasonable and proportionate to the offence for which bail is granted, and
- The bail condition is appropriate to the bail concern in relation to which it is imposed, and
- The bail condition is no more onerous than necessary to address the bail concern in relation to which it is imposed, and
- It is reasonably practicable for the accused person to comply with the bail condition, and
- There are reasonable grounds to believe that the condition is likely to be complied with by the accused person.
PRINCIPAL LAWYER MR STEVEN MERCAEL SUCCESSFULLY OBTAINS BAIL FOR CLIENT
Mr Steven Mercael, Principal and award-winning criminal lawyer at Criminal Lawyers Group, secured Bail for another client who had been charged with a serious criminal offence, after police had initially refused bail.
The Court’s granting of Bail to Mr Mercael’s client is among the latest of a continuous record of successful bail applications achieved by Criminal Lawyers Group, who were recently awarded the titles of Best Bail Lawyers in Sydney and NSW.
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence, contact our expert bail lawyers at Criminal Lawyers Group immediately for a free and confidential consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing not guilty verdicts, bail, Section 10 dismissals and the withdrawal of charges for our clients across NSW who have been charged with criminal offences.