A person charged with an offence not punishable by imprisonment or an offence under the Summary Offences Act, generally has the right to release on bail. There is a presumption of bail for all offences except for offences where there is no presumption of bail or where there is a presumption against bail. There is a presumption against bail for the cultivation, manufacture, importation and supply of commercial quantities of prohibited drugs. There is a presumption against bail for serious firearms or weapons offences. If a person is charged with two unrelated serious property offences and convicted of a serious property offence within the last two years there is a presumption against bail. Serious property offences include robbery, break and enter, car jacking and riot.
Murder and serious violent offences
Exceptional circumstances must exist before bail is granted to someone charged with murder. Alternatively if someone is charged with a serious personal violent offence and has a previous conviction for such an offence exceptional circumstances must exist before bail can be granted. Serious personal violence includes murder, attempted murder, armed robbery and sexual assault.
Bail applications
Of course when the court is considering granting bail they will look at the nature of the offence, the need to protect the community, background and community ties, previous failures to appear, the availability of surety and any conditions which may attach to the grant. Just because bail has been refused this does not mean that another bail application cannot be made. There are specific requirements which govern this situation and these need to be borne in mind. Generally speaking there is no limit on the number of bail applications which can be made in the local court but if nothing has changed since the last bail application, bail will normally be refused.
The conditions for bail in the Supreme Court are quite different to the Local Court. Normally only one bail application can be made and if bail is refused then any subsequent application can only be made where the applicant can establish special facts or circumstances which did not exist at the time of the original bail application.
Bail may be granted by:
Contact us now for Fast, Accurate and Timely legal advice
Phone LAC Lawyers on NSW 1300 799 888 or VIC 1300 734 638 or send us an email