A Guide to Bail in NSW – Criminal Lawyers Sydney George Sten & Co has over 50 years experience in Criminal Law. We act for individuals who are in custody and need the skill of an experienced Bail Application Lawyer in order to give you back your freedom. Our Bail Lawyers do not post bail on your behalf. A guarantor will be nominated, this could be a family member or a friend, who will act as your guarantor and post the financial side of your bail application. Our Bail Lawyers appear daily in the Local Courts, District Courts and Supreme Court.
Bail refers to an accused person being released into the community or the authority to be at liberty. Persons released on bail give an undertaking to return to court to face the allegation that they have committed a crime. Bail may be granted by the police, by an authorised justice or by judicial officers (a judge or magistrate).
Whether bail is granted or not will depend on the facts of each matter. It is essential to speak with a criminal defence lawyer if you have been charged with an offence. Obtaining bail can be complicated and often requires strong and specific argument from an experienced defence lawyer to convince the court an accused person is not a risk to the community, will not commit any offences while on bail or interfere with any witnesses and will return to their next court date.
When an accused has been taken into custody by the police, the police are required to make a “bail decision”. This may be to:
The accused should speak with a criminal defence lawyer as soon as possible. A criminal defence lawyer can advise the accused at the police station or over the phone. The lawyer can also discuss with the responsible officer the potential conditions, which may be imposed, on the accused if he or she is granted bail. The lawyer may also request a review of a bail decision by a senior police officer – this must be done at the request of the accused.
There are three categories of court bail applications:
Where a person is refused bail by the police following an arrest, or ‘police bail’, they are to be brought before the court or authorised justice as soon as practicable. The defendant will be held in a cell and it is common for the police to take defendants in custody from the cells to court just before 10 am. It is essential at this point to have retained a criminal defence lawyer to ensure a proper bail application is made to the court.
Your criminal defence lawyer will seek instructions from you and may ask the court to call the matter later that day once instructions have been obtained. The procedure is then generally as follows.
Depending on the particular offence and facts of the matter (e.g a show cause offence), there are specific legal elements, which must be argued to the court, and the court must be convinced of these elements for bail to be granted. The criminal defence lawyer will generally need to convince the court that the defendant is not a risk to the community will return to their next court date and will not interfere with any relevant witnesses.
If bail is granted, it may include a condition that the accused or a bail guarantor(s) enter into an agreement to forfeit an amount of money nominated by the court in the event the accused fails to appear before the court in accordance with their bail acknowledgement. The accused and/or bail guarantor(s) will need to attend the court registry to sign the agreement. An “agreement and deposit of cash” is signed by the accused or the bail guarantor and the cash is deposited with the clerk of the Local Court.
If you have been charged with an offence, it is vital to speak with a Bail Lawyer to ensure your matter is properly processed by both the police and the court. Without a Bail Lawyer, you risk being held on remand or having bail refused inappropriately and your liberty is at stake. Contact Criminal Lawyers Sydney George Sten & Co for further information and speak with an expert Bail Application Lawyer. We do not issue funds to post bail your guarantor does this. We are available 24 hours a day, 7 days a week and can be contacted on (02) 9261 8640 during business hours or 0412 423 569 outside of business hours. We may also be contacted via email at [email protected].