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Navigating the process of bail in NSW can be complex and stressful when you are faced with a serious criminal charge. Understanding you rights and the steps involved in applying for bail is essential to secure your release and prepare a defence.
At Faraj Defence Lawyers, our team has experience in guiding clients through every stage of the bail application process to ensure that your case is presented effectively to the court. Whether you have been granted bail by the police or need to apply for bail in court, our team will provide you with the support and legal expertise you need.
If you have been charged with a criminal offence, bail is a legal process that will allow you to be released form custody while awaiting court proceedings. Its main purpose is to ensure that you return to court while maintaining the stance of innocent until proven guilty.
There are different types of bail you must be aware of, these include:
This is where you have been charged with a criminal offence and the police have used their authority to grant you bail. This means that you will be released from custody under certain conditions before your court date. Police will typically grant bail for less serious offences, where you are considered a low risk of failing to appear in court or commit any further offences.
In serious cases, where police have denied bail, you must apply for bail through the court. This involves a formal application where the judge/magistrate will asses the risk factors. This will include the likelihood of you appearing in court, the likelihood of you reoffending, and the safety of the community.
Bail applications are necessary because police bail is not always granted, specifically in more serious cases. When police deny bail, you must seek this through court. This process exits to ensure all people, regardless of the severity of their charge, have the opportunity to be considered for release while awaiting court.
Before applying for bail in court, you must be deemed eligible by the court. The court will assess several factors to determine your eligibility, ensuring that the process is fair and just. Two essential considerations in this assessment are show cause offences and the unacceptable risk test.
Show Cause Offences are specific serious charges which require you to principal reasons why your detention in prison is unjustified. These offences usually include violent crimes, drug related offences and firearm offences. When charged with a show cause offence the burden of proof shifts to the defendant to show the court why bail should be granted.
Even if you successfully do this, you must also satisfy the Unacceptable Risk Test. This means the court will still need to evaluate whether you pose an unacceptable risk, such as failing to appear in court, committing further offences, or endangering the community. You must meet both these requirements to secure bail in cases involving Show Cause Offences.
In order to be successful in a bail application, you must show the court that you pose no unacceptable risks to the community or that conditions can be imposed to mitigate any unacceptable risk the court may have.
Section 17 of the Act states the four main unacceptable risks the court needs to take into account as follows:
A bail authority must, before making a bail decision, assess any bail
For the purposes of this Act, a bail concern is a concern that an accused person, if released from custody, will
fail to appear at any proceedings for the offence, or
commit a serious offence, or
endanger the safety of victims, individuals or the community, or
interfere with witnesses or evidence.
If you can show by either your conduct or the imposition of certain conditions, that you will not satisfy one of the unacceptable risks above, you will be granted bail.
If you have been denied by the police, the next step is to submit a bail application to the local court. This process is often complex and challenging and will require a skilled criminal defence lawyer. An experienced lawyer will attend court to apply for bail on your behalf, presenting a well-prepared case to increase your chances of being granted bail.
Before making a bail application, your lawyer will prepare several elements to support your case. Your Lawyer will gather all relevant details about your case, including the nature of the charges, the circumstances in which the offence occurs, and any criminal history. A proposal of bail conditions will also be prepared, outlining how you intend to comply with any conditions or requirements set out by court. This can include regular police reporting, residing at a specific address or curfews.
In addition to this information, our lawyers will also prepare other documents such as character reference and an apology letter to strengthen your bail application significant. Both these letters can be extremely helpful in supporting your bail application.
Applying for bail through the local court involves several steps and requires thorough preparation. The process includes
Filling out the required forms
Bail Application form: This provides the court with details about the case and reasons for the bail request
Affidavits: Sworn statements outlines your circumstances, this will include personal details, employment status and other relevant information
Supporting documents: Other documents including apology letters and character references
Filing the bail application
Submitting the completed bail application form and other documents to the local court. Our lawyers will do this to ensure the process is done correctly.
The court hearing
Mention: This is a preliminary hearing where the court will set a date for the bail application if the matter cannot be resolved immediately
Bail Application hearing: During this hearing one of our lawyers will present your case to the magistrate, arguing on your behalf about why you should be grated bail. The prosecution will also have an opportunity to present their case and argue for reasons against your bail.
The Magistrate will review all submitted documents arguments, they will also assess whether you meet the eligibility for bail, including the Show Cause Offences and Unacceptable Risk Test.
The Magistrate will decide whether to grant or deny bail based on the above information. If granted, the magistrate will outline the conditions of your bail, which you must adhere to until the case is finalised.
The time requires to prepare a bail application can vary depending on the complexity of the case and the available of supporting documents. Your lawyer will work diligently with you gather all necessary documents and information as quickly and thoroughly as possible.
The time frame for scheduling the court hearings can vary depending on the court’s schedule and availability. Your lawyer will give you an estimated timeline based on current court schedules and will keep you informed of any changes.
Applying for bail through the Supreme Court after a local court refusal involves a more complex process/ The key difference and the steps include:
Appealing the Local Court’s Decision
Filing a notice of intention to apply for bail: This document informs the court and the prosecution of your intention to seek bail in the Supreme Court.
Grounds for Appeal: You will have to outline the grounds of appeal on which you are appealing the local court’s decision.
Preparing the Application
Bail Application Form: This form provides detailed information about your case and reasons for requesting bail. It must address the reasons for the local court’s refusal.
Supporting Documents: Character references, employment verification and other documents to support your application. These documents must be compelling and address the concerns raised in the initial refusal.
Submitting the Application
The completed application, including all supporting documents and legal submissions, must be filed with the Supreme Court. Our lawyers will handle this process to ensure accuracy and compliance with court requirements.
The Supreme Court Hearing
The Supreme Court will hold a preliminary hearing to set a date for the full bail application hearing.
At the bail application hearing, you lawyer will present your case to the judge, arguing why bail should be granted. The prosecution will also present their case against bail. The Judge will consider all arguments and the specifics of the local court’s refusal when making a decision.
If bail is granted, the judge will set out the conditions you must follow until your case is resolved.
The preparation for a Supreme Court bail application usually takes longer due to the need for more detailed documentation and arguments.
Scheduling hearings in the Supreme Court can also take longer than the local court. This is due to larger caseloads and procedural complexities. Your lawyer will also give you an estimated time line based on the court’s schedule.
If you have been convicted and are awaiting the determination of your appeal, you have the option to apply for bail through the court of criminal appeal This process is different than applying for bail through the Local or Supreme Court, as it involves specific considerations related to your conviction and appeal status.
File a notice of intention to apply for bail
This informs the court and the prosecution that you intent to seek appeal and seek bail
Prepare the Application
Preparing the bail application form provides detail about your case, grounds for appeal and reasons for bail. You will also prepare any supporting documents such as character references and employment verification.
Submitting the Application
The completed application and supporting documents are legal submissions and must be filed with the court of criminal appeal. Your lawyer will handle this process to ensure it complies with court requirements.
Court Hearing
The Court of criminal appeal will hold a preliminary hearing to set a date for the full bail application hearing.
At the hearing, your lawyer will present your case to the judges, arguing why bail should be granted. The prosecution will also present their case opposing the bail. If bail is granted, the judges will set out the conditions you must follow until the appeal is resolved.
The preparation for a bail application through the court of criminal appeal usually takes longer due to the need for more detailed documentation and comprehensive legal arguments. Scheduling hearing in this court can also take longer.
If the court refuses your bail application, there are several steps and options you can take:
The Refusal
The court will provide you with the reasons for refusing your bail. Understanding this is crucial for the deciding on your next steps.
Reapplying for Bail in the same court
You can only submit another bail application in the same court if certain conditions are met. This includes new information becoming available or a significant change in the circumstances. The new application needs to address the reasons for the initial refusal and provide new evidence and arguments.
Submitting a bail application in a higher court
If the bail application is refused in the local court, you can appeal and submit a bail application in the Supreme Court.
Reapplying for bail after refusal in the Supreme Court
If the Supreme Court also refuses your bail application, you can submit another one only if new evidence or a significant change in circumstances arises. This must address concerns raised in the Supreme court’s reasons for refusal.
Appealing further
You can continue to appeal to higher court, such as the court of criminal appeal following a similar process.
Bail applications can be complex and challenging, especially when trying to navigate with legal requirements and addressing reasons for a previous refusal. It can be difficult to secure bail without the guidance of an experienced defence lawyer.
Faraj Defence Lawyers can help you navigate the legal intricacies and present a strong case on your behalf, significantly increasing your chances of a successful bail application.
Do not face this challenging process alone. Call us now at (02) 8896 6034 for a free initial consultation and let our expert defence lawyers assist you in this process.
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...so grateful for Ahmad he helped me out and got me out of a very sticky situation, absolute gun lawyer thank you!
We look forward to helping you in your time of need and assisting you in achieving justice. We know how stressful these times can be therefore, your enquiry will be responded to within the same day.
