I have been charged with a criminal offence, can I apply to be granted bail? (Australian Law)

Bill Vasiliadis
March 12, 2013

If you have been charged with an offence that requires a court appearance, you might need to apply for bail. If you are released on bail, it means you are allowed to go home until your case is finalised, rather than remain in custody. Whether or not you can apply for bail depends on the seriousness of the offence, and the success of a bail application depends in part on whether you are perceived as being likely to commit another offence while you are on bail, and whether the authorities believe you are likely to attend court when the time comes.

If you have been charged with a criminal offence in NSW Australia, it is a good idea that you seek representation from experienced criminal lawyers in Sydney. These lawyers will have an understanding of the NSW judicial system, and can help to ensure the best outcome for you when it comes to applying for bail.

In some cases, bail is granted automatically, and in other situations, you will need to apply to be granted bail. A court will then decide whether or not to grant you bail based on a number of factors including:

The severity of the offence and whether any weapons or firearms were used.
Any previous convictions you have, which might indicate the likelihood of you reoffending.
Whether the offence involved violence, particularly domestic violence.
What the expected penalty would be if found guilty.
Your family background, those you live with, and what ties you have with your community.
If you have any history of failing to attend court.
Whether there are any pre-existing conditions such as parole, suspended sentence or you are already on bail.
Whether it is considered likely that you would interfere with evidence or witnesses while on bail.
Whether you would be considered a risk to the welfare of the community while on bail.

Once you have been granted bail, there are certain conditions that you will have to abide by. These vary depending on the specifics of your situation, and the nature of the offence, but generally include:

Reporting regularly to your nearest police station.
Continuing to reside at a specific address.
Not approaching any witnesses or associating with any co-accused involved in your case.
Handing in your passport.
Adhering to a set curfew.
Having a sum of money deposited by someone as surety. This money has to come from an “acceptable person”, who is defined as someone who has known you for a while, and who has no criminal record themselves, or any outstanding charges against them.

It is very important that you understand and abide by your bail conditions, to ensure you don’t breach them and end up in jail while you wait for your court appearance. Breaching bail conditions can also affect your ability to be granted bail in the future. Here is some more information about applying to be granted bail in NSW.

If you have been arrested or charged with an offence that requires you to apply for bail, make sure you seek help from local experienced criminal lawyers. Sydney based legal professionals can guide you through the process of applying for bail, and make sure you have the best possible chance of success. They can also help you to understand the terms of your bail, so you can avoid any breaches.