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Bail

Bail is the term used to refer to the temporary release from custody of an accused person awaiting their sentence by the Court.

1. Bail Undertaking

When a person is granted bail, that person enters into a bail undertaking. They are entitled to be released (if in custody) and remain at liberty. A person granted bail is to undertake in writing to appear before the court as notified and to notify the court of any change in the person’s residential address. A person is entitled to be granted bail so long as the person is not in custody for some other offence. Additionally, a person can be granted bail when not in custody.

2. Bail Hearing

All persons in custody will appear by way of audio-visual link.There are interpreters available for persons with English as a second language or who are hearing impaired. The weekend and public holiday bail courts for both adults and juveniles are conducted at Parramatta Local Court. This court will deal with adult bail hearings for all persons arrested in the Sydney metropolitan area and juvenile bail hearings from across the state.

3. Who Can Grant Bail

The Local Court usually determines bail for summary offences. More senior courts often deal with indictable offences. A police officer can grant bail provided the court hasn’t already made a determination. If not authorised to grant bail the Officer will bring the person before the court. After an officer makes a determination as to bail they must inform the person that they may communicate with a legal practitioner and provide them with such facilities to do so as are reasonable in the circumstances.

4. Refusal to Hear a Bail Application

A court will refuse to hear a further application if bail has already been determined unless:
• The person was not legally represented and now has legal representation
• Information relevant to bail was not presented in the previous application
• Circumstances relevant to the grant of bail have changed

5. Dispensing with Bail

A court may dispense with bail, meaning the person is to remain at liberty until required to appear before court. Where the court in respect of bail makes no specific order or direction, the court shall be deemed to have dispensed with the requirements for bail.

6. Bail for Offences Not Punishable by Imprisonment

There is a right to be released on bail for minor offences, i.e. not punishable by imprisonment, unless a person:
• Has previously failed to comply with a bail undertaking or bail conditions imposed
• Is incapacitated by intoxication, injury, drug abuse or is otherwise in danger of physical injury or in need of physical protection
• Stands convicted of the offence or the person’s conviction for the offence is stayed

7. Presumptions Against Bail

A person accused of one of these offences is not to be granted bail unless the person satisfies the court that bail should not be refused. Bail cannot be dispensed with for any of the following offences:
• Certain offences under the Drug Misuse and Trafficking Act
• Serious Firearms and weapons offences
• Certain repeat property offences, where the person is accused of two (2) or more serious property offences, not being offences arising out of the same circumstances and the person has been convicted of one or more serious property offences within the last two (2) years
• Offences carrying prison terms where the person is on lifetime parole
• Breach of extended supervision orders or interim supervision orders

8. Exceptions to Presumptions in Favour of Bail

There is a general presumption in favour of bail except for the following offences, where bail will generally not be granted except in extraordinary circumstances:
• Murder or Manslaughter
• Attempted Murder
• Aggravated Sexual Assault
• Kidnapping
• Robbery
• Supplying prohibited drugs on an ongoing basis
• Certain offences under the Drug Misuse and Trafficking Act where the quantity concerned is alleged to be twice the indictable quantity
• Certain domestic violence offences
• Offenders who have a prior conviction for one of the above offen

There is an exception to the presumption in favour of bail if the person is alleged to have committed an offence while:
• On bail
• On parole
• In custody
• Serving a sentence but not in custody
• Was subject to a good behaviour bond or program intervention orderA person accused of one of the above offences is entitled to be granted bail unless the court, following consideration of the matter, feels justified in refusing bail.

A person is not entitled to be granted bail if the person in custody is serving a sentence of imprisonment in connection with another offence and the court is satisfied that the person is likely to remain in custody in connection with that other offence for a longer period than that for which bail in connection with the later offence would be granted.

9. Criteria to be Considered When Determining Bail

There are four distinct criteria to be considered in bail applications:
1. The probability of whether or not the person will appear in court in respect of the offence having regard to:
• The person’s background and community ties, as indicated by the history and details of the person’s residence, employment and family situations and the person’s prior criminal record
• Any previous failure to appear in court
• The circumstances of the offence, the strength of the evidence and severity of the probable penalty

2. The interests of the person having regard to:
• The period the person may be obliged to spend in custody if bail is refused
• The needs of the person to be free to prepare for appearance in court
• Whether or not the person is incapacitated by intoxication, injury or drug abuse or is otherwise in danger of physical injury or in need of physical protection
• If the person is under 18 years of age, or is an Aboriginal person or Torres Strait Islander, or has an intellectual disability or is mentally ill

3. The protection and welfare of the community having regard to
• The nature and seriousness of the offence
• Where the person has refused to observe a previous bail condition

4. Whether or not the person is likely to commit one or more serious offences while on bail

10. Conditions of Bail

A person is entitled to bail either unconditionally or subject to bail conditions.
Possible conditions of bail includeThat the accused enter into an agreement to observe specified requirements as to conduct
• That the accused or an acceptable person enter an agreement to forfeit a specified amount of money if the accused person fails to comply with their bail undertaking. The court may revoke bail if it appears the security is no longer intac
• That the accused surrender their passport
• That the accused undergo assessment for participation in an intervention program or other program for treatment or rehabilitation
• The accused enters into an agreement prohibiting him from associating with specified persons
• The accused enters into an agreement restricting him from visiting a specified place or district

Potential conditions of bail include:
• Not driving a motor vehicle
• Not drinking alcoho
• Curfew

11. Review of Bail

Magistrates have the power to review bail decisions. If refused a person may apply to a higher court for review of a bail condition. Senior Police Officers have the power to review and grant bail if:
• The accused is no longer incapacitated by intoxication, injury, drug abuse and no longer needs protection
• There is a significant change in circumstances
• There are exceptional circumstances justifying bail

12. Breaching Bail

It is an offence to fail without reasonable excuse to appear before court in accordance with a bail undertaking. It is an arrestable offence to abscond on bail or breach a bail condition. Under such circumstances:
• A police officer may arrest a person without a warrant
• The Court may issue a warrant
• Court may revoke bail.

How can Sydney Criminal Defence Lawyers help?

Our Criminal Lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 02 8059 7121 or contact us after hours on 0420 998 650 or text 24hrs to book an appointment with one of our solicitors.

The initial consultation is free.

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Years of Prison Reduced across 1000+ Satisfied Clients
Bail is the term used to refer to the temporary release from custody of an accused person awaiting their sentence by the Court.

Sentencing

1. Bail Undertaking

When a person is granted bail, that person enters into a bail undertaking. They are entitled to be released (if in custody) and remain at liberty. A person granted bail is to undertake in writing to appear before the court as notified and to notify the court of any change in the person’s residential address.

A person is entitled to be granted bail so long as the person is not in custody for some other offence. Additionally, a person can be granted bail when not in custody.

2. Bail Hearing

All persons in custody will appear by way of audio-visual link. There are interpreters available for persons with English as a second language or who are hearing impaired. The weekend and public holiday bail courts for both adults and juveniles are conducted at Parramatta Local Court. This court will deal with adult bail hearings for all persons arrested in the Sydney metropolitan area and juvenile bail hearings from across the state.

3. Who Can Grant Bail

The Local Court usually determines bail for summary offences. More senior courts often deal with indictable offences. A police officer can grant bail provided the court hasn’t already made a determination. If not authorised to grant bail the Officer will bring the person before the court. After an officer makes a determination as to bail they must inform the person that they may communicate with a legal practitioner and provide them with such facilities to do so as are reasonable in the circumstances.

4. Refusal to Hear a Bail Application

A court will refuse to hear a further application if bail has already been determined unless:
• The person was not legally represented and now has legal representation
• Information relevant to bail was not presented in the previous application
• Circumstances relevant to the grant of bail have changed

5. Dispensing with Bail

A court may dispense with bail, meaning the person is to remain at liberty until required to appear before court. Where the court in respect of bail makes no specific order or direction, the court shall be deemed to have dispensed with the requirements for bail.

6. Bail for Offences Not Punishable by Imprisonment

There is a right to be released on bail for minor offences, i.e. not punishable by imprisonment, unless a person:

• Has previously failed to comply with a bail undertaking or bail conditions imposed
• Is incapacitated by intoxication, injury, drug abuse or is otherwise in danger of physical injury or in need of physical protection
• Stands convicted of the offence or the person’s conviction for the offence is stayed

7. Presumptions Against Bail

A person accused of one of these offences is not to be granted bail unless the person satisfies the court that bail should not be refused. Bail cannot be dispensed with for any of the following offences:
• Certain offences under the Drug Misuse and Trafficking Act;
• Serious Firearms and weapons offences;
• Certain repeat property offences, where the person is accused of two (2) or more serious property offences, not being offences arising out of the same circumstances and the person has been convicted of one or more serious property offences within the last two (2) years;
• Offences carrying prison terms where the person is on lifetime parole;
• Breach of extended supervision orders or interim supervision orders.

8. Excepions to Presumptions in Favour of Bail

There is a general presumption in favour of bail except for the following offences, where bail will generally not be granted except in extraordinary circumstances:
• Murder or Manslaughter;
• Attempted Murder;
• Aggravated Sexual Assault;
• Kidnapping;
• Robbery;
• Supplying prohibited drugs on an ongoing basis;
• Certain offences under the Drug Misuse and Trafficking Act where the quantity concerned is alleged to be twice the indictable quantity;
• Certain domestic violence offences;
• Offenders who have a prior conviction for one of the above offences.

There is an exception to the presumption in favour of bail if the person is alleged to have committed an offence while:
• On bail;
• On parole;
• In custody;
• Serving a sentence but not in custody;
• Was subject to a good behaviour bond or program intervention order.

A person accused of one of the above offences is entitled to be granted bail unless the court, following consideration of the matter, feels justified in refusing bail.

A person is not entitled to be granted bail if the person in custody is serving a sentence of imprisonment in connection with another offence and the court is satisfied that the person is likely to remain in custody in connection with that other offence for a longer period than that for which bail in connection with the later offence would be granted.

9. Criteria to be Considered When Determining Bail

There are four distinct criteria to be considered in bail applications:

Criteria 1

The probability of whether or not the person will appear in court in respect of the offence having regard to:
• The person’s background and community ties, as indicated by the history and details of the person’s residence, employment and family situations and the person’s prior criminal record
• Any previous failure to appear in court;
• The circumstances of the offence, the strength of the evidence and severity of the probable penalty.

Criteria 2

The interests of the person having regard to:
• The period the person may be obliged to spend in custody if bail is refused;
• The needs of the person to be free to prepare for appearance in court;
• Whether or not the person is incapacitated by intoxication, injury or drug abuse or is otherwise in danger of physical injury or in need of physical protection;
• If the person is under 18 years of age, or is an Aboriginal person or Torres Strait Islander, or has an intellectual disability or is mentally ill.

Criteria 3

The protection and welfare of the community having regard to:
• The nature and seriousness of the offence;
• Where the person has refused to observe a previous bail condition.

Criteria 4

Whether or not the person is likely to commit one or more serious offences while on bail.

10. Conditions of Bail

A person is entitled to bail either unconditionally or subject to bail conditions.

Possible conditions of bail include:
• That the accused enter into an agreement to observe specified requirements as to conduct;
• That the accused or an acceptable person enter an agreement to forfeit a specified amount of money if the accused person fails to comply with their bail undertaking. The court may revoke bail if it appears the security is no longer intact;
• That the accused surrender their passport;
• That the accused undergo assessment for participation in an intervention program or other program for treatment or rehabilitation;
• The accused enters into an agreement prohibiting him from associating with specified persons;
• The accused enters into an agreement restricting him from visiting a specified place or district.

Potential conditions of bail include:
• Not driving a motor vehicle;
• Not drinking alcohol;
• Curfew.

11. Review of Bail

Magistrates have the power to review bail decisions. If refused a person may apply to a higher court for review of a bail condition. Senior Police Officers have the power to review and grant bail if:
• The accused is no longer incapacitated by intoxication, injury, drug abuse and no longer needs protection;
• There is a significant change in circumstances;
• There are exceptional circumstances justifying bail.

12. Breaching of Bail

It is an offence to fail without reasonable excuse to appear before court in accordance with a bail undertaking. It is an arrestable offence to abscond on bail or breach a bail condition. Under such circumstances:
• A police officer may arrest a person without a warrant;
• The Court may issue a warrant;
• Court may revoke bail.

How can Daoud Legal:
Sydney Criminal Defence & Traffic Lawyers help?

Our criminal defence lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward.

Call us now on 1300 885 646 or text 0420 998 650 24hrs to book a free consultation with one of our lawyers.

Bail Application Lawyer Sydney

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, our team of experienced criminal lawyers in Sydney is dedicated to providing comprehensive legal guidance and representation throughout the bail application process. We understand the complexities of the bail laws in New South Wales and the significant impact that a successful bail application can have on your case.

The Importance of Seeking an Experienced Bail Application Lawyer in Sydney

Navigating the bail application in NSW process can be challenging, particularly in complex cases or when facing serious charges. In such situations, it is crucial to seek the assistance of an experienced bail lawyer who can effectively advocate for your release on bail.

Our criminal defence lawyers have extensive experience in handling bail applications in the Local, District, and Supreme Courts of NSW. We understand the nuances of the Bail Act 2013 (NSW) and the factors that the courts consider when determining whether to grant bail.

How We Apply for Bail

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we take a comprehensive approach to bail applications, working tirelessly to achieve the best possible outcome for our clients. Our experienced bail application lawyers in Sydney meticulously prepare each case, gathering relevant evidence and crafting compelling submissions to address any bail concerns raised by the prosecution or the court.

We understand the importance of presenting a strong bail application that not only satisfies the legal requirements but also demonstrates the appropriateness of your release on bail.

Our team will work closely with you to understand your unique circumstances, ties to the community, compliance history, and any mitigating factors that may support your application for bail.

Supreme Court Bail Application

The process of applying for bail and the factors considered can vary depending on the court in which the application is made. Our experienced criminal lawyers have a deep understanding of the bail application process in the Local, District, and Supreme Courts of NSW.

In the Local Court, the bail application process is often more streamlined, but it is still essential to present a compelling case to the court. Our lawyers are well-versed in navigating the Local Court bail system, ensuring that your application is handled efficiently and effectively.

For bail applications in the District and Supreme Courts, our team will carefully prepare and present your case, taking into account the more complex considerations and requirements involved. We have a proven track record in achieving bail for our clients in these higher courts, even in cases where the prosecution strongly opposed bail or where bail was previously refused.

Challenging Refusals of Bail and Seeking Variations

In cases where the court can refuse bail, our lawyers are skilled in appealing these decisions to higher courts, such as the District Court or the Court of Criminal Appeal. We'll appear before the court, then will carefully review the reasons for refusal and, where appropriate, gather new evidence or present alternative arguments to challenge the decision and advocate for your release on bail.

Additionally, we can assist with seeking variations to existing bail conditions if they become unreasonable or interfere with your ability to prepare for your defence. We understand the importance of ensuring that bail conditions are fair and do not unnecessarily restrict your daily life.

Weekend Bail Applications and Emergency Support

In situations requiring immediate attention, such as weekend arrests due to criminal offence or emergency bail applications, our team is available to provide priority access to our experienced criminal law and bail lawyers. We understand the urgency of these matters and are committed to ensuring you are represented in court when required.

Fixed Fees for Bail Applications and Consultations

At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we believe in transparency and affordability. We offer fixed fees for bail applications, ensuring that you have a clear understanding of the costs involved from the outset. Additionally, we provide free consultations, allowing you to discuss your case with one of our experienced lawyers and receive tailored legal advice.

Commitment to Our Clients

Our team of criminal lawyers in Sydney is dedicated to providing exceptional legal representation and support throughout the bail application process. We understand the stress and uncertainty that can arise when facing criminal charges, and we are committed to guiding you through every step of the way.

With our extensive experience, strong bail application strategies, and a proven track record in achieving bail for our clients, you can trust Daoud Legal to advocate tirelessly on your behalf, ensuring that your rights are protected, and your chances of being granted bail are maximised.

Bail refused? With us, your assured that instances where bail is refused are minimal.

Contact Us for a Consultation

If you or a loved one is facing criminal charges and in need of legal assistance with a bail application, our criminal law firm encourage you to contact us for a free consultation. Our team of experienced bail application lawyers in Sydney will carefully assess your situation, provide tailored legal advice, and outline the best course of action to increase your chances of getting bail.

Remember, navigating the bail process can be complex, but you don't have to face it alone. At Daoud Legal: Sydney Criminal Defence & Traffic Lawyers, we are dedicated to providing you with the legal guidance, representation, and support you need to achieve the best possible outcome in your case.

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Drug Charges Successfully Defended / Dropped

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Drunk Driving Charges Successfully Defended /Dropped

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Successful Diversions from Prison for Mental Health Reasons

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Drug Offences are among the most serious offences in the eyes of the Criminal Law Courts. However, the penalties associated with Drug.
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There are strict rules in place governing the lawful possession of a firearm in Australia. Firstly, every person who possesses a firearm must be.
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