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Bail Applications

In both New South Wales and Queensland bail is one of the most important parts of any matter, but unfortunately it is one which seems to be overlooked by many practitioners and clients alike. 

Bail Applications...You Only Get One Shot

All applications for bail start in the Magistrates Court in Queensland or the Local Court in New South Wales.  And for all matters, you only get one shot at bail.

If your application for bail is unsuccessful, you will need to either bring a further application in the Supreme Courts of either State or you will have the tricky task of finding some new material related to the case which will allow you try again in the Magistrates or Local Court. 

Material Change

The concept is one which requires the applicant for bail to show that in this second application for bail, there is information or material in support of that application which is relevant and obviously different to what was relied upon when the first application for bail was made. 

Many practitioners make the mistake of proceeding with a second application after simply speaking to the client and without carefully reviewing the first one in order to ensure that what they rely on supports bail and is clearly different to what was said on the first occasion. 

At McMillan Criminal Law we have achieved a great deal of success by actually obtaining the transcript of the submissions made and decision rendered when the first application was made.  That way, there can be no suggestion that what we tell the court isn’t materially different from what was said previously.

Show Cause

An ever-growing list of charges require those seeking bail to show why their continued detention (without bail) is not justified.  Despite what some practitioners may think, this involves a lot more than simply proposing some conditions that might keep the person seeking bail law abiding whilst on bail.

For instance, at McMillan Criminal Law we tediously examine the case in an effort to find an arguable defence so that the court hearing the bail application might consider it unjust to allow someone to languish in custody awaiting a trial they might ultimately win. 

These are a few examples of cases where our approach to bail was successful in circumstances where the police opposed it:

Get Help With Your Criminal Matter

At McMillan Criminal Law, we have helped many clients to be granted bail in various courts across QLD / NSW in areas such as Tweed Heads, Brisbane and the Gold Coast.

Knowledge and experience are the best tools to use when your freedom is at stake. If you've been charged with a criminal offence in Brisbane, the Gold Coast, Tweed or Northern NSW area, contact our Gold Coast office on (07) 5574 0422 or submit an enquiry to discuss your application for bail.