How to get Bail?

Some offences carry a right to bail; others have a presumption in favour of bail; some have neither a presumption in favour of bail nor a presumption against bail being granted; and some have a presumption against bail. The starting place in any bail application is to know which section of the relevant legislation applies to the particular offence. Confused?

>The facts and any criminal record need to be considered. What is the strength of the prosecution case? Only an experienced criminal lawyer can instinctively answer these questions. Similarly, our criminal law specialists can advise on what bail conditions might be acceptable to the Court – such as reporting conditions, surety, curfew, non-association etc.

We prepare our bail applications to maximize your chance of getting bail. Failure to obtain bail in the Local Court will probably mean remaining in custody for at least 4 to 6 weeks pending a Supreme Court bail application. A second bail application cannot be made in the Local Court unless there is a change in circumstances. The timing of the decision to apply for bail is therefore critical. It may be preferable sometimes to delay a bail application so that all information that can used to secure your bail is available.

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