Bail
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:
Bail Articles
Criminal Law - Sentencing in the Local Court
Date: October 08, 2010
Author(s): Jana Whitby B.A., LL.B. (Hons.)
Often I am asked by my clients who have been charged with common offences such as assault or drink driving what the likely result will be if they enter a plea of “Guilty”. This is not a question which can be answered with much certainty given that even when to individuals are charged with exactly the same charge, the possible outcome when it comes to that individual’s sentencing can vary according to factors such as in which Local Court the matter is dealt with, which Magistrate determines the sentence, the sentencing options available to the Magistrate and the individual’s subjective circumstances.
Criminal Law - Bail - The importance of a well prepared bail application
Date: February 02, 2009
Author(s): LAC Lawyers
Given that the Act provides for authorisation to be at liberty, the question obviously arises as to what types of matters could put an accused’s liberty at risk and what forms of review, if any are possible, if bail is refused.
Criminal Law - Need info on Bail, read this!
Date: September 25, 2008
Author(s): LAC Lawyers
Some handy information on Bail.
What to expect when you call LAC Lawyers
Date: December 13, 2006
Author(s): LAC Lawyers
LAC Lawyers is a full service firm dedicated to the provision of superior legal services in Australia. Our aim is to provide unrivalled client satisfaction coupled with high quality service and advice. When you call LAC Lawyers our friendly reception staff will spend time with you to identify the area of law your enquiry relates to then pass you on to one of our qualified solicitor's who can help you.
Criminal Law - Sentence and penalty options available to courts if convicted of a criminal offence
Date: September 26, 2005
Author(s): LAC Lawyers
Murder. Bigamy. Robbery. Bushfires. Terrorism. Domestic violence. Computer offences. Concealing the birth of a child. Fraud. Rape. The list of criminal offences for which a person may be convicted in any Australian jurisdiction is extensive.