BAIL LAWYERS FAIRFIELD

The Bail Act 2013 defines bail as legal permission to remain at liberty while facing a criminal charge (s7(1)). The Act sets out the process for granting bail, which may be decided by an Authorised Officer at the time of arrest or by a Judge, Magistrate, or Justice during court proceedings.

Authorities can make four bail decisions under Section 8:

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 secure bail, you must persuade the court that your release does not present a risk to the community.

For specific offences, the "show cause" requirement applies, which means the accused must demonstrate why they should not be held in custody. If the court accepts this argument, it will then proceed with a standard bail application.

The court examines several factors, including:

• The nature and seriousness of the offence.
• The accused’s criminal history.
• Community ties, reputation, and support network.
• Risk of failing to appear in court.
• Public safety concerns.

The strength of the prosecution’s evidence.

Each case is assessed individually based on these considerations.

Yes, bail can be denied if the court determines that the accused poses a flight risk, endangers public safety, or may obstruct justice by interfering with evidence or witnesses. Bail is also more likely to be refused for serious offences or if the accused has a record of missing court appearances. However, any decision to deny bail must be supported by clear and valid grounds.

Bail conditions are restrictions that an accused must follow while on bail. These may include:

• Surrendering a passport to prevent travel.
• Reporting to police regularly.
• Avoiding contact with specific individuals or locations.
• Abiding by a curfew.
• Not consuming alcohol or drugs.
• Attending all court hearings.

These conditions are imposed to help ensure compliance with the law and minimise risks while awaiting trial.