Bail
Criminal Law
Traffic Law
1. Bail Undertaking
2. Bail Hearing
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
4. Refusal to Hear a Bail Application
- 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
6. Bail for Offences Not Punishable by Imprisonment
- 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
- 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
- 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 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
- 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
- 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
- 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
- Whether or not the person is likely to commit one or more serious offences while on bail
10. Conditions of Bail
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 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
- 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
- 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.
