Upon being charged with an offence, you may be required to attend court at a later date, or otherwise be kept in custody until a court date is next available.
Every individual, independent of their specific circumstances, has a right to apply for bail.
Applications for bail are considered in various court jurisdictions, including in the Supreme, District and Magistrates Courts. In higher jurisdictions, depending on the stage of proceedings, bail applications often also require an affidavit of justification, which is a formal document that includes justifications as to why bail should be awarded.
In deciding whether you are awarded bail, the court will consider relevant factors, including whether it is justifiable to remand you based on your likelihood of reoffending. The court will also consider whether you are a danger to the community, whether you are likely to commit a further serious offence, and whether you will attend the court on the next occasion. The court also considers where you live, whether you are employed, your previous criminal convictions, as well as other relevant factors.
If you are granted bail, you will be allowed to go freely until you are next required before the court, subject to conditions. Such conditions could include regularly reporting to police, not having criminal connections, providing a surety, or other various conditions.
If your bail application was previously refused, you may reapply for bail if you are able to explain that you have had a change in circumstances.
If you are found to have breached your bail, it can be revoked, or otherwise you can be charged with the offence of breach of bail. In the circumstance where you are charged, you can be arrested without a warrant and later brought before the court.
Our team specialise in criminal defence. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.