BAIL LAWYERS HAWKESBURY

Under the Bail Act 2013, bail is defined as the authority to be at liberty for an offence (s7(1)). The Act outlines the process for releasing individuals charged with criminal offences, which can be determined 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 be granted bail, you must convince the court that your release will not pose a risk to the community.

For certain offences, the "show cause" provision applies, meaning the accused must provide a reason why they should not remain in custody. If the court accepts this, a standard bail application can then be considered.

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 may be refused if the accused is considered a flight risk, a threat to public safety, or likely to interfere with justice (such as tampering with evidence or witnesses). It can also be denied for serious offences or if the accused has a history of failing to attend court. However, bail refusals must be based on clear, justifiable reasons.

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.