SPEAK WITH A BAIL LAWYER IN BLACKTOWN

Bail is defined under the Bail Act 2013 as “authority to be at liberty for an offence” (s 7(1)). It determines how individuals arrested for a criminal offence may be released, either by an Authorised Officer at the time of charging or by a Judge, Magistrate, or Justice during a court appearance.

Under Section 8 of the Act, authorities have four options when making a bail decision:

1. Release without Bail (s9 by Police)
2. Dispense with Bail (s10 by court or authorised justice)
3. Grant Bail (with or without conditions) (s11 by police, court, or authorised justice)
4. Refuse Bail (s11 by police, court, or authorised justice)

To be granted bail, you must demonstrate that your release does not pose a risk to the community.

For certain offences, the law requires an accused person to show cause, meaning they must provide a compelling reason why their detention is unnecessary. If they successfully show cause, the court will then assess their eligibility for bail under standard conditions.

The court looks at several factors, including the seriousness of the offence, the accused’s criminal history, community ties, reputation, risk of absconding, and public safety concerns. They also assess the strength of the prosecution’s case and the likelihood that the accused will attend future court proceedings.

Yes. Bail may be denied if the accused is considered a flight risk, a danger to public safety, or likely to interfere with witnesses or obstruct justice. Courts can also refuse bail for serious offences or where the accused has a history of failing to appear in court. However, bail should only be refused if there are strong and justified reasons.

Bail conditions are obligations an accused person must comply with while on bail. These may include surrendering their passport, reporting regularly to authorities, avoiding specific people or locations, complying with a curfew, abstaining from drugs or alcohol, and attending all court hearings. Conditions are imposed to manage risks and support adherence to legal requirements.