If someone is charged with an offence, depending on what the offence is, that person can either be released with or without bail with a Court Attendance Notice, or be held on remand (in custody) if the charging officer decides that bail should be refused. Here are some common questions about bail answered by criminal lawyers in Sydney for you:
Who is Qualified to Get Bail?
Depending on the offence you are charged with, you may or may not have to ‘show cause’. This is a requirement for offences which come under section 16B of the Bail Act 2013 (NSW). This section outlines serious offences that are punishable by imprisonment for life, sexual offences, serious personal violence offences, certain firearms offences, certain drug offences, and serious indictable offences committed while the person was on Bail already. To show cause, an accused must provide evidence as to why they should not be kept in custody to await trial. Criminal lawyers in Sydney explain that the Court may consider things such as any serious medical conditions, need to attend to business, or the weakness of the prosecution case. Once this requirement is satisfied, the Court must find that there is no unacceptable risk of the following four bail concerns, that the accused will:
1. Fail to appear at any proceedings for the offence;
2. Commit a serious offence;
3. Endanger the safety of victims, individuals or the community; or
4. Interfere with witnesses or evidence.
If the Court identifies an unacceptable risk of any of the above, then the accused must convince the Court that certain bail conditions will provide enough safeguards against this risk.
What are the Types of Bail Conditions?
The types of bail conditions include:
- Conduct requirements: This represents the things you should and shouldn’t do. Some requirements include reporting to police every day or obeying curfew.
- Security Requirements: This condition tells that you or another person should provide some ‘security’, i.e. an amount of money or some property, to guarantee that the accused will turn up to Court. This money is kept by the Bail Authority if the accused breaches their obligation.
- Enforcement Conditions: This is to make sure an accused is complying with conditions. They may be subject to monitoring by things like drug testing, or police turning up to the front door.
- Character Acknowledgements: Character acknowledgement is a type of bail condition with which a person of good character will have to sign a form stating that you would be responsible enough to obey the bail conditions.
How Long is the Bail Period?
Bail continues until the conclusion of the proceedings. An accused can apply to have bail conditions varied or removed at any time.
What happens if Bail is Refused by a Court?
If the court refuses you bail, you can apply to the Supreme Court. You only get one chance at this application, so you could seek the advice and assistance of the best criminal lawyers in Sydney.
When you are charged with an offence, hiring experienced Sydney criminal defence lawyers is a smart option. Their expertise and experience in criminal law will ensure you get the best outcome possible.