SPEAK WITH A BAIL LAWYER IN SYDNEY

The Bail Act 2013 defines bail as “authority to be at liberty for an offence” (s 7(1)). It outlines the protocol for releasing individuals arrested for criminal offences, handled by an Authorised Officer at the time of charging or by a Judge, Magistrate, or Justice during court appearances.

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 show the court that your release will not pose a risk to the community.

Certain offences fall under “show cause” requirements, meaning the accused must provide a reason why their detention is not warranted. Successfully showing cause allows the court to consider a standard bail application.

The court reviews the nature and severity of the offence, the accused’s criminal record, community ties, reputation, risk of fleeing, and public safety concerns. They may also consider the strength of evidence and the likelihood that the accused will attend future hearings.

Yes, bail can be denied if the accused is seen as a flight risk, a threat to public safety, or if there’s concern over obstructing justice. Bail can also be denied for serious offences or if the accused has a record of missing court dates. However, it’s key to remember that bail denial should be based on strong and justifiable grounds.

Bail conditions are restrictions an accused must follow while on bail. These can include surrendering their passport, regular check-ins with authorities, avoiding contact with certain people or places, abiding by a curfew, avoiding drugs or alcohol, and attending all court hearings. Conditions help ensure compliance with legal processes and manage potential risks.