Bail Applications

A grant of bail gives an individual a number of significant advantages, including having ready access to their lawyer, being able to better prepare any potential defence, and have the ability to obtain work and family commitments. In many cases, an accused person will obtain bail from either a police officer, or be issued with a Notice to Appear.

In circumstances where this does not occur, the question as to whether or not somebody is entitled to bail may be one that is decided by a Judge or Magistrate. The Bail Act 1980 is explicit as to the Court’s starting position as to whether or not somebody is entitled to bail. In many cases, the early engagement of competent legal representation will be imperative as to whether or not somebody is granted bail by the Courts, or whether or not they will be remanded in custody whilst their matter progresses through the criminal justice system.

In the majority of bail applications, the onus is often on the prosecuting body to demonstrate that the accused person is an “unacceptable risk” of being granted bail. In other situations, accused people may find themselves in a “show cause” position, and will be required to demonstrate to the Court that their continued detention in custody is not justified, or otherwise excused by law. In either of the above situations, the question of bail is at the discretion of the Presiding Judicial Officer. Russo Lawyers have a proven track record of being able to obtain bail for their clients who are charged with a variety of offences, including those who find themselves in a “show cause” position.

In relation to bail applications, there are limitations in the amount of applications can be made. If bail is refused by a Magistrate or a Supreme Court Justice, a person is often required to demonstrate a “change in circumstance” before being entitled to make a further application for bail. A change of circumstance is not always easy to demonstrate, so it is important that you engage competent legal representation at the earliest opportunity to ensure that you have the best possible chance of remaining in the community.