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How to Apply for Bail In the Australian Capital Territory.
Andrew Byrnes Law Group • Mar 12, 2020
As criminal lawyers in Canberra, we are often contacted by people who are being arrested and have been told they need to go before a Magistrate for a bail application, or who are in custody in prison and are wanting to know what their chances are of getting bail.
So, how does applying for bail work? How do you know what your chances are like?
In this article we break down the things a Magistrate will consider if you are applying for bail.
What have you been charged with?
First things first, what you have been charged with is very important.
If you have been charged with very serious offences, then presumptions against bail may apply.
For example, in the Australian Capital Territory, pursuant to Section 9C of the Bail Act 1992 (ACT), if you have been charged with murder or other serious drug related offences, there is a presumption against a Court or police officer granting bail unless they are satisfied that special or exceptional circumstances exist favouring the grant of bail. Similarly, if you are charged with a family violence offence, Section 9F of the Bail Act 1992 creates a presumption that an authorised police officer must not grant bail unless they are satisfied that you pose no danger to a protected person.
Specific criteria to be considered:
If the Magistrate or police officer is considering your bail application, for adults, pursuant to Section 22 of the Bail Act 1992 (ACT), the Magistrate or the police officer must consider a number of specific things if they are considering your bail application, including:
- the likelihood of you appearing in court in relation to the offence; and
- the likelihood of you, 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 you or anyone else; and
3. your interests.
The Magistrate will also consider the likelihood of you being given a sentence of imprisonment.
When considering the above three things, the Magistrate may consider the following in making their assessment:
(a) the nature and seriousness of the alleged offence; or
(b) your character, background and community ties; or
(c) the likely effect of a refusal of bail on your family or dependants; or
(d) any previous grants of bail to you; or
(e) the strength of the evidence against you.
I want to apply for bail. What do I do next?
First things first – get legal advice about your chances of being successful in a bail application. There are limits on the number of times a bail application can be made. For example, Section 20A of the Bail Act 1992 provides that a third bail application can only be considered if there has been a change of circumstances or there is new evidence or information that was unavailable on the last bail application.
This means it’s very important to get the bail application right and to not waste attempts on bail applications. A good lawyer will craft bail conditions tailored to your situation and will know the right things to say in order to give your bail application the best chance of success.
Andrew Byrnes Law Group are highly experienced at applying for bail and have made many successful bail applications even in the face of strong opposition by prosecutors and police.
If you or someone you know is in custody and needs expert representation so that they have the best chance of success with their bail application, do not delay. Contact us today – https://andrewbyrneslawgroup.com.au/contact-us.
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