Australia utilises a stable and consistent criminal justice system to maintain its law and order. Consequently, it is not uncommon for criminal proceedings to take place against alleged breakers of the criminal law.

That said, not all alleged offences and crimes necessitates lawyers’ interventions in bail applications. This is because the defendants in most summary are granted bail at the first instance by the police officer after their arrests. If you or your friend/family member is in custody and requires our assistance, it almost always mean that s/he had been charged with something extremely serious. In such circumstances, you should equip yourself with an experience and reliable legal team to assist your loved one to go through this difficult phase of his/her life.

When is a bail application made?

Bail could be granted to the defendant shortly after his/her arrest and at the conclusion of the initial investigation. However and if the charges and the alleged offences are serious, police bail would likely fail and bail needs to be applied for in court.

Ordinarily, the matter would be listed before the court as soon as possible (most of the time on the following day) where it would be listed for bail application (including weekends, as the Parramatta Bail Court operates 7 days a week).

That said and notwithstanding the immediate available opportunity to apply for bail, this is not usually the ideal time to apply for bail. To guarantee reasonable prospects of success, bail applications should be accompanied by extensive and relevant supporting documents. In the circumstances, the reality is that it is rare for all the said documents to be ready when the matter appears before the court.

Hence, it is usually strategic to adjourn the application to a later date so we have ample time to prepare for the said bail application – partially also because the defendant only has a limited number of opportunities to apply for bail.

 

How many opportunities to apply for bail?

Oridnarily, a defendant has 4 chances to apply for bail: once at the police station; once at the local court; once at the district court and another opportunity at the supreme court.

In experience, we usually succeed with our bail applications at the local court (usually 2 to 3 weeks after the arrest).

 

Visa cancellation

Unfortunately and if you are a foreigner holding a temporary or even a permanent residency visa, the fact that you have been remanded and require bail means that you have allegedly committed a serious offence. In our experience, this would often result in the cancellation of your visa pursuant to section 116(1)(e) of the Migration Act.

However and again in our experience, this problem could be completely circumvented by our joint expertise in both criminal and migration laws.

How to successfully apply for bail?

In New South Wales, bail applications are governed by Bail Act 2013 (NSW) and, specifically, section 18 of the Bail Act. Although rather convoluted, the summary is that bail applications would generally succeed if there is evidence to show that the accused:

  • has ties to the Australian community, therefore minimising his flight risk;
  • is devoid of criminal history and is of good character;
  • Appropriate surety and guarantors.

Ties to the Australian community; good character and appropriate guarantors and surety are essential to a successful bail application

Brightstone Legal has extensive experience and numerous success stories of successful bail applications. If you have any questions relating to bail applications, please contact us via phone or e-mail.