Bail Application Lawyers
Bail Applications are an extremely important stage in all criminal proceedings. If you are bail refused, you could remain in custody for months or years pending the resolution of your charge.
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Top Bail Application lawyers
Our Team of Criminal Lawyers has a proven track-record of obtaining bail across Sydney Court Houses.
SYDNEY LEADING BAIL APPLICATION LAWYERS
Bail Applications are an extremely important stage in all criminal proceedings. If you are bail refused, you could remain in custody for months or years pending the resolution of your charge. That is why it is important to have our Sydney Bail Lawyers ready to assist in all release applications. If you or anyone you know has been charged with a criminal offence and is bail refused our experience lawyers can help. Â Contact us today.
HOW DO I GET BAIL?
A Bail authority is allowed to grant you bail. This can include a registrar, magistrate or judge. If the police have refused you bail, you will be taken as soon as practicable to a courthouse to appear ordinarily before a presiding magistrate. At this time, your Criminal Defence Lawyer can make an application for your release.
HOW IS BAIL DETERMINED?
In Australia, the Bail Act 2013 (CTH), refers to a two-step process that applies in release application depending on the type of alleged offences. Some release applications require the applicant to “Show Cause” as well as determining whether there is an “Unacceptable Risk”.
WHAT IS SHOW CAUSE?
Show Cause bail applications apply to defendants over 18 who are charged with certain offences or have committed further alleged serious offences whilst on conditional liberty. Section 16B of the Bail Act lists all the circumstances that will trigger a release application to be “Show Cause”.
HOW CAN I SHOW CAUSE?
Cause can be shown through a combination of different factors or a single powerful factor. These factors include but are not limited to:
- Weakness in the prosecution case
- Family circumstances
- Treatment needs that cannot be taken care of in custody due to poor custodial conditions.
- Delay in proceedings
- Youth
After the court is satisfied you have shown cause why your detention is not justified, the court will need to consider the “unacceptable risk test”.
WHAT IS AN UNACCEPTABLE RISK TEST?
Under an assessment of the below four bail concerns when determining whether a person may or may not be a unacceptable risk:
(a) fail to appear at any proceedings for the offence, or
(b) commit a serious offence, or
(c) endanger the safety of victims, individuals or the community, or
(d) interfere with witnesses or evidence.
The court will consider the factors under s18 of the Bail Act when making the assessment whether a person is an unacceptable risk.
These factors include but are not limited to:
- Bail conditions that have been proposed.
- Antecedents
- Criminal History
- Strength of prosecution case
- The need to be free to prepare case
- History of compliance with court orders
Our Experienced Bail Application Criminal Lawyers can assist with your bail application. Contact us Today.
Bail Act 2013
Our team will ensure you have the best representation to get released from custody as swiftly as possible.
Steven Mercael​
Principal Lawyer​
Frequently Asked Questions
Bail is the temporary release of an accused person awaiting the resolution of a pending criminal case.
The amount that should be paid as a bond depends on different factors such as the seriousness of the charge, the persons status in Australia (I.e. citizen or visa holder) and the person community ties. Generally, the higher the bond the better the risk of failing to appear is addressed.
The cost of our legal services varies depending on the complexity of your legal matter. We offer transparent and fair pricing and will provide you with an estimate of our fees before we begin working on your case.
A person has the choice to have a barrister in a bail application. Barristers can assist in the applications instructed by one of our criminal lawyers. Our lawyers appear daily in bail applications with and without barristers which varies on a case-by-case basis.
Please contact us if you cannot find an answer to your question.