What Happens in a Bail Application and Applying for Bail

Bail Application, when it comes to achieving a successful result with a bail application, George Sten and Co Criminal Lawyers have a stellar track record. Our criminal law firm only practices criminal law, which means that our criminal lawyers see matters like yours everyday.

Our experienced criminal lawyers know the bail application process and court process like the back of their hand and will use this expertise in your favour. There is a limit on the number of bail applications you can make, so it is immeasurably important that you choose the best possible criminal lawyer to give you the best fighting chance. To arrange a consultation, contact George Sten and Co Criminal Lawyers on (02) 9261 8640 or email us.

What is Bail?

Essentially, bail is the temporary release of someone who has been charged with an offence but is awaiting trial. When you are charged with an offence, the Police can either let you go, or take you to the Police Station to be charged. After charging you at the Police Station, they may arrest you or give you bail. If you are arrested, you will be kept in custody until the next available court time. This means that if you are arrested in the evening, you will be kept in the cells overnight until the court reopens. What are your rights under arrest?

Applying for Bail

In order to apply for bail, you must file a bail application with the relevant court. This may be the Local Court, the District Court or the Supreme Court. The Bail Act 2013 (NSW) provides the legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions. There are specific rules and tests, which a court will consider when coming to a decision regarding whether or not to grant bail. There are also special rules, which apply to certain offences. For example, a court cannot grant bail for any offence, which is a show cause offence unless there are exceptional circumstances.

The Bail Application Process

The process for applying for bail differs slightly in each court. The application will take place during a mention. A mention is type of hearing where your matter is mentioned before the court. During the mention, your criminal lawyer will state that you are applying for bail. At this stage, the prosecutor will present the court with their notes on the matter. Your lawyer will have the opportunity to review any information that the prosecutor provides to the court prior to the mention. The judge will ask the prosecutor if he/she consents to your bail application. If they do, then this may sway the judge toward granting your bail, however, there is no guarantee. Your lawyer will then be able to provide their submissions to the court. These submissions will include responses to the issues brought up by the prosecutor and will attempt to rebut any risks which were mentioned by the prosecutor. Your lawyer’s submission will touch on any factors, which may be relevant to the courts decision. These factors are outlined in section 18 of the Bail Act 2013 (NSW) and include, but are not limited to the following:

• Your background including your criminal history, circumstances and community ties;
• The nature of the offence;
• The strength of the prosecutions case;
• Whether you have a history of violence; and
• Whether you have any criminal associations.

Your criminal lawyer may also suggest conditions, which will assist in mitigating any risks outlined by the prosecutor.

Once the court has considered your bail application along with the prosecution’s information and any other relevant factors, they will come to a decision.

If the court does grant you bail, they may impose conditions on your bail. These conditions may come under several categories including:

• Conduct requirements, which is a requirement to do or refrain from doing a certain thing.
• Security requirement, a requirement that an amount of money known as security is given to a bail authority. This security is given in consideration of an agreement that you will not break any bail conditions and will appear before the court when required.
• Character acknowledgement, where an acceptable person gives an acknowledgement that the accused that has been granted bail is likely to comply with bail conditions.

Limit on Bail Applications

It is important to note that in most cases you only have one opportunity to apply for bail. That is why it is so important that you choose an experienced criminal lawyer from George Sten and Co Criminal Lawyers. There are a few exceptions to this rule whereby; a court may hear a second bail application. The first exception is that you were not legally represented during the first application. The second is that there is new information, which may assist your case. The third applies if circumstances that are relevant to your bail application have changed. And the final exception is that you are a minor.

Supreme Court Bail Applications

If none of these exceptions apply to you and either the Local Court or the District Court has refused you bail, then you may make a Supreme Court bail application. There may be a longer waiting period for a hearing at the Supreme Court. The process of making an application at the Supreme Court is also more formal and will require further evidence. As a specialist criminal law firm with over 50 years experience, you can be sure that our lawyers have the required knowledge and understanding of both the law and the process. 

Conclusion

At George Sten and Co, we know criminal law. With over 50 years experience, you can be sure that we will give you to best possible chance of being granted bail. In most cases, you will only have one opportunity to apply for bail, so make sure that you give yourself the best chance of succeeding in your bail application. If you have been charged with an offence and arrested, contact George Sten and Co immediately on 9261 8640. If you have been arrested out of business hours, contact our 24 hour line: 0412 423 569 for the best possible legal advice you will get.