Home » Bail Applications
What is Bail?
Bail is where an accused person is released conditionally whilst their legal proceedings are ongoing within the criminal justice system. Bail may be applied for when there are ongoing proceedings for the offence which resulted in the accused being in custody or if the accused is convicted of the offence and there is an appeal against sentence.
Applying for Bail
When a bail application is made, the Court makes a determination regarding two concerns; whether the applicant poses an “unacceptable risk” to the community or whether the alleged offence is a “show cause” offence.
“Show cause” offences relate to those that are more serious, these offences are specified in the Bail Act. If the offence(s) are show cause offences, the applicant is required to show cause as to why their bail is justified. If the matter is not a show cause offence, any bail concerns are to be addressed to determine whether the applicant is an unacceptable risk to the community. Without justifying bail or addressing bail concerns, a bail application will be refused and the applicant will remain in custody.
If bail is refused, there may be grounds for an appeal against the decision. These further grounds include not having legal representation for the application, new relevant information arising and changed circumstances.
If bail is granted, the accused will be released into the community. When granting bail, the Court may decide to impose bail conditions to reduce any unacceptable risk. Examples of these conditions include residing at a particular address, reporting to Police, abstaining from drugs and alcohol, etc.
A crucial element in applying for bail is ensuring all relevant and specific information is provided to the Court. Without such information, it is likely a bail application can be denied and the accused person will spend additional time in custody.
To ensure all elements are enclosed to the Court, engaging an experienced criminal lawyer is highly beneficial when applying for bail. Experienced lawyers are aware of when to apply for bail, if an application has good prospects of success and how to achieve the best result.
Michelle Karim is highly experienced in bail applications and bail variation applications within the Local Court, District Court and Supreme Court. Ms Karim appears in bail applications across New South Wales.
If you are in need of a legal representative for a bail application, phone us now on 0414 812 182.
ENQUIRE CONSULTATION
For all enquiries, please contact us on the form below.
Please complete all fields marked with *
OR CALL 0414 812 182
Home » Bail Applications
What is Bail?
Bail is where an accused person is released conditionally whilst their legal proceedings are ongoing within the criminal justice system. Bail may be applied for when there are ongoing proceedings for the offence which resulted in the accused being in custody or if the accused is convicted of the offence and there is an appeal against sentence.
Applying for Bail
When a bail application is made, the Court makes a determination regarding two concerns; whether the applicant poses an “unacceptable risk” to the community or whether the alleged offence is a “show cause” offence.
“Show cause” offences relate to those that are more serious, these offences are specified in the Bail Act. If the offence(s) are show cause offences, the applicant is required to show cause as to why their bail is justified. If the matter is not a show cause offence, any bail concerns are to be addressed to determine whether the applicant is an unacceptable risk to the community. Without justifying bail or addressing bail concerns, a bail application will be refused and the applicant will remain in custody.
If bail is refused, there may be grounds for an appeal against the decision. These further grounds include not having legal representation for the application, new relevant information arising and changed circumstances.
If bail is granted, the accused will be released into the community. When granting bail, the Court may decide to impose bail conditions to reduce any unacceptable risk. Examples of these conditions include residing at a particular address, reporting to Police, abstaining from drugs and alcohol, etc.
A crucial element in applying for bail is ensuring all relevant and specific information is provided to the Court. Without such information, it is likely a bail application can be denied and the accused person will spend additional time in custody.
To ensure all elements are enclosed to the Court, engaging an experienced criminal lawyer is highly beneficial when applying for bail. Experienced lawyers are aware of when to apply for bail, if an application has good prospects of success and how to achieve the best result.
Michelle Karim is highly experienced in bail applications and bail variation applications within the Local Court, District Court and Supreme Court. Ms Karim appears in bail applications across New South Wales.
If you are in need of a legal representative for a bail application, phone us now on 0414 812 182.
ENQUIRE CONSULTATION
For all enquiries, please contact us on the form below.
Please complete all fields marked with *
OR CALL 0414 812 182
