After you have been charged by the Police and they decide to release you from custody they may impose bail conditions. If they impose bail conditions, you will always be told what conditions you need to comply with and will be required to sign a form acknowledging those conditions. If you are refused bail by the Police you will be brought before the Local Court to make an application for bail.

When considering whether to grant bail the Police or Court must consider the four main bail concerns. They are:

  1. Will you attend court when you are supposed to;
  2. Will you commit a serious offence if you are released;
  3. Will you endanger another person in the community if you are released;
  4. Will you interfere with a witness or evidence in the matter you have been charged with if you are released.

If they are not worried about any of these concerns, or think they can be addressed by imposing conditions on you, then you must be released on bail.

 

There are four types of bail conditions that can be imposed:-

  • Conduct Requirements - these may include curfew, reporting to a police station, and the requirement to live at a certain address.
  • Security Conditions - when you or another person is required to pay a sum of money if you do not attend Court when you are supposed to.
  • Character Acknowledgements - A person of good character can be asked to vouch for the fact that you will obey your bail conditions.
  • Enforcement Conditions – this is a condition that ensures that you are complying with your other bail conditions. An example would be a requirement for you to open your front door when police do checks to ensure that you are complying with your curfew.

If you want to change any of your bail conditions you need to make an application to the Court.  It is important that you continue to obey your conditions until the Court makes any changes otherwise you will be in breach of your bail. If you are refused bail by a Magistrate in the Court, you can only make another application for bail if:

  1. You have new information about your bail application;
  2. You have a change in circumstances that would impact the decision to give you bail or not.

If you are refused bail in the Local Court you can make a bail application to the Supreme Court. This can be an expensive, lengthy process.  You should always talk to your lawyer about the best time to make an application for bail in Court.

Please note the answers provided are for your general information only and we ask you to call our office on 02 6331 2911 to obtain detailed legal advice for your individual situation.

Alice Cheek | Criminal Law Solicitor

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