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Have you been charged with a criminal offence and are considering applying for bail? Before you do anything else, make sure to contact the criminal law team at Kells for sound legal advice on your case.
How Can Our Criminal Lawyers Help?
If you’ve been charged with a criminal offence, you may make a bail application. However, it is important you get the correct advice from a bail lawyer prior to making an application, as if it is refused, you can only make another application if you can show circumstances that are materially different to the original application.
The criminal defence experts at Kells are ready to assist you with your bail application. Whether you’re in Wollongong or anywhere in the Illawarra, we leverage our experience and in-depth knowledge of the bail application process to ensure the success of your application.
Frequently Asked Questions
The Bail Act 2013 states simply under s 7(1) that “Bail is authority to be at liberty for an offence”. The Act provides a standard method of dealing with the release of persons arrested for criminal offences, at the time of charging by a Police Officer known as an Authorised Officer, or by an authorised justice, Judge, Magistrate or Justice at the time of a court appearance.
Four Bail Decisions can be made by various authorities (Section 8):
- Release without Bail (s9. by Police)
- Dispense with Bail (s10. by court or authorised justice)
- Grant Bail (with or without conditions) (s11 by police, court or authorised justice)
- Refuse Bail (s11 by police, court or authorised justice).
In order to be granted bail, you need to show to the court that your release will not pose an unacceptable risk to the community.
Some offences fall under the category of “show cause”. In these situations, the accused person must “show cause/reason” as to why their detention is not justified. If you are able to overcome this hurdle then the matter would proceed as a normal bail application.
When deciding whether to grant bail, the court considers various factors, including the nature and seriousness of the offence, the accused’s criminal history, their ties to the community (such as family, employment, and assets), their reputation, the risk of flight, and the potential threat to public safety. The court may also consider the strength of the evidence against the accused and their likelihood of appearing for future court dates.
Our team of criminal specialists, headed by former police officer and prosecutor for the NSW Police, can assist you with your bail application. We are available 24/7 to help you. Give us a call today on 02 4221 9311.
Get Expert Criminal Law Advice
If you would like to discuss your case with our criminal team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.
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