Bail Applications

We provide Bail Assistance

 

There have been significant changes to the law in relation to the granting of Bail in recent times – Criminal Law Centre are available to assist you any weekend or public holiday bail court that generally sits at Parramatta on the weekends and public holidays. 

When considering whether you have sufficient grounds for bail being granted, Paul Wiggins trading as the Criminal Law Centre takes into account all factors that are relevant to you.

When making a bail application, the court considers whether the offence is a Show Cause Offence. If it is a show cause offence, the court must refuse bail unless the accused person shows cause why his or her detention is not justified.

If the accused person demonstrates why their detention is not justified, the Magistrate or Judge must make a bail decision in accordance with the Unacceptable Risk Test. To consider the Unacceptable Risk Test, the court takes into account, if you are granted bail:

  • Whether you will fail to appear at any future court dates
  • If you will commit another offence whilst on bail
  • Is there a danger to the safety of the victims or the community
  • And where applicable, if any witnesses or evidence will be tampered with
    Following this test, the court then decides whether your risk can be mitigated (or reduced) by bail conditions.

The court considers your bail in accordance with whether you are a ‘flight risk’ and considerations in protecting the community, and where applicable, any complainants or victims.

The court has the power to:

  • Grant bail conditionally (i.e. subject to court ordered conditions that must be complied with whilst on bail) or bail can be granted unconditionally (i.e. without conditions other than you attending court)
  • Dispense with bail (where a person is released from custody without any conditions)
  • Refuse bail.

Committing an offence whilst on bail is very serious.If your matter is pending in court, and you are incarcerated we can make an application for bail for the purposes of having you reside at a residential rehabilitation facility if you have any underlying drug or alcohol problem. Generally, certain conditions must be met, including you having a placement available to you

Call us on (02) 9891 4200 to discuss how we can assist you or fill out an enquiry form 

We are also available to assist you at any weekend or public holiday bail court that generally sits at Parramatta on the weekends and public holidays.

The Lindt Cafe siege inquest made recommendations regarding bail.

The learned Coroner recommends “that the DPP [i.e.the office of the Director of Public Prosecutions] develop a policy for the overseeing lawyers’ exercise of the discretion not to oppose bail that takes into account the seriousness of the offences involved; the experience of the prosecutor appearing; and the views of the police officer in charge of the investigation, insofar as those views are based on facts relevant to bail determinations.”

See paragraphs 31 and 187 of the report of the “Inquest into the deaths arising from the LIndt Cafe’ siege”. Findings and recommendations, The State Coroner of New South Wales, May 2017

Will bail become more difficult to obtain as a result of the findings of the learned Coroner?

If you think you are in trouble & need advice from an experienced lawyer, get in touch with us now. We are available 24/7 to assist you. Call us on (02) 9891 4200 or fill our enquiry form.

SPECIALISED CRIMINAL DEFENCE LAWYER
CALL NOW ON (02) 9891 4200