Will I get bail?
If you are not granted Police bail we can make a bail application on your behalf to a Local or District Court.
The main considerations for granting bail are:
- Whether you will turn up for your next court appearance
- Will you interfere with witnesses
- Will you commit another offence whilst on bail
The magistrate or judge will consider:
- how serious is the charge
- how strong is the prosecution’s case against you
- how serious is the likely punishment
- your past conduct and general character (i.e. if you have a criminal record)
- if you have a history of committing offences whilst on bail
- if you have breached any previous bail or court orders
- how soon your next court date is
- if being in custody is making it hard to prepare your defence case
- any other extenuating circumstances which may be relevant
The magistrate or judge is guided by the Bail Act when determining your eligibility for bail. The Bail Act states that the following should be taken into consideration:
The probability of whether the accused person will turn up to court.
Factors which influence this probability are background and community ties, prior criminal records, family and employment situations. Any previous failure to turn up in court, the seriousness of the offence, any specific evidence which suggest the accused may be likely to not turn up in court.
If it is in the interests of the person/accused in relation to the amount of time they would need to spend in jail if not bailed
If they need to be free in order to prepare their case for court, a need to be free for a specific lawful purpose, if the person is incapacitated by injury, intoxication, is in danger of being harmed in jail and needs physical protection, if the person is under 18, aboriginal torres strait islanders, intellectual disability, mental illness
Protection of the alleged victim, protection of family members of the accused and protection and welfare of the community, having regard to:
- the nature and seriousness of the offence, in particular whether the offence is of a sexual or violent nature or involves the possession or use of an offensive weapon or instrument within the meaning of the Crimes Act 1900, and
- whether or not the person has failed, or has been arrested for an anticipated failure, to observe a reasonable bail condition previously imposed in respect of the offence, and
- the likelihood of the person interfering with evidence, witnesses or jurors, and
- whether or not it is likely that the person will commit any serious offence while at liberty on bail, but the authorised officer or court may have regard to this likelihood only if permitted to do so under subsection (2), and
- if the offence for which bail is being considered is a serious offence, whether, at the time the person is alleged to have committed the offence, the person had been granted bail, or released on parole, in connection with any other serious offence, and
- if the offence for which bail is being considered is an offence that involves the possession or use of an offensive weapon or instrument within the meaning of the Crimes Act 1900 , any prior criminal record (if known) of the person in respect of such an offence.
If you have been charged with an offence, or are seeking further information on a Criminal or Traffic legal matter, call North Shore Criminal Law on (02) 9955 2298 or our 24 Emergency Service on 0400 44 64 24.