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Applying for Bail: What to Expect
Andrew Byrnes Law Group • October 1, 2020
Australia and its citizens are necessarily protected by law, but bear in mind that the law also applies to a person accused of a crime and the accused is entitled to due process. Every person accused of a crime is presumed innocent until proven guilty, which is why applying for bail when charged is possible.
Bail is an undertaking, or written promise, that you will be present in court on the date provided in the undertaking. This ensures that you will be there to face the offences charged. Applying for bail entails that you meet certain bail conditions, including, for example, the following:
You must live at a certain agreed-upon address
Someone may provide a surety (money which is forfeited if you breach bail)
You must regularly report to a police station
Not appearing in court at the date provided in the undertaking, or breaking these bail conditions, means that you’re breaching bail and may need immediate legal advice.
If you wish to learn more about bail and how it works in the Canberra courts, this quick guide shows you the Bail Act 1992, along with the processes, considerations, and conditions that make bail possible. Let’s begin.
An Overview of the Bail Act 1992 – how do adults get bail?
The Bail Act of 1992, Section 22, states the following:
Criteria for granting bail to adults
(1) In making a decision about the grant of bail to an adult in relation to an offence, a court or authorised officer must consider—
(a) the likelihood of the person appearing in court in relation to the offence; and
(b) the likelihood of the person, while released on bail—
(i) committing an offence; or
(ii) harassing or endangering the safety or welfare of anyone; or
(iii) interfering with evidence, intimidating a witness, or otherwise obstructing the course of justice, in relation to the person or anyone else; and
(c) the interests of the person.
Examples for par (c)
1 the need of the person for physical protection
2 the period that the person may be held in custody if bail is refused and the conditions under which the person would be held
(2) Also, if the person is convicted of an indictable offence, or the elements of an indictable offence are proven in relation to the person, but the person has not been sentenced, a court must consider the likelihood of the person being given a sentence of imprisonment.
(3) In considering the matters mentioned in subsection (1) or (2), the court or authorised officer may have regard to any relevant matter, including—
(a) the nature and seriousness of the offence; or
(b) the person’s character, background and community ties; or
(c) the likely effect of a refusal of bail on the person’s family or dependants; or
(d) any previous grants of bail to the person; or
(e) the strength of the evidence against the person.
What happens if I apply for bail?
Before you need to go to Court, the police in the ACT may grant you bail at the police watch house, a bail referred to as police bail.
If you are not given bail at this stage, the police will be forced to take you to court as soon as possible, where you will be given the chance to apply for bail before the court.
When you go to court, if you are granted bail, understand that you are allowed to leave the cells, but your responsibilities remain. You will need to go back to court at another set time and date, but if the magistrate refuses to give you bail, you will be placed in jail until your court date. You may once again apply for a bail, but bear in mind that your application still depends entirely on the magistrate or judge.
What are the bail considerations that go into whether or not I will get bail?
Your bail applications come with various considerations, all of which the magistrate or judge needs to consider before deciding whether you will get bail. Here are some of them:
- The reports of the police, which includes the evidence gathered and the nature and seriousness of the charge
- The place you can stay on the duration of your hearing
- Your job and the impacts being in custody will have on it.
- Criminal record
- The possibility of you endangering other people’s lives
- The possibility of you committing another crime
Are there any additional conditions?
Some courts and other bail-granting bodies may provide additional conditions when you apply for bail. They may provide these conditions to ensure that you appear in court on the provided date and prevent you from obstructing the course of justice. The courts will also ensure that you don’t endanger anyone else or commit any criminal offences while you are on bail.
Enlisting the Help of a Criminal Lawyer for your bail application
Although bail is a right in certain circumstances, obtaining it can be an uphill battle. There are special considerations needed to obtain it, which constitutes more than just the financial elements. The possibility of a rejected bail application is always high, and coupled with the complexity of the law, you’ll need all the help you can get. That said, make sure to enlist professional help.
For one of the best Canberra criminal law firms, Andrew Byrnes Law Group is the place to go. We are amongst the best criminal lawyers in the area, dedicated to helping clients achieve the justice they deserve. With innovative approaches and passionate minds, we’ll help you come up with the best defence strategies. Book a free consultation today.
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