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 refers to a temporary release of an accused person awaiting trial. It's common for people to be granted bail on certain bail conditions such as lodging a bail payment (known as a surety). This is to guarantee the accused person will appearance in Court when agreed on. If you have a criminal record or are accused of more serious offences such as sexual offences, murder and robbery, you might however be refused bail.
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 for another bail hearing in the Magistrates or Local Court.
Breach of Bail
If any conditions of ones bail are breached, an arrest warrant can be issued. If a person does not act in accordance with their bail undertaking or otherwise does not comply with their bail conditions, then bail can be revoked. Failure to comply may also result in the defendant being charged and convicted with a breach of bail.
It's worth noting that a Judge, police officer or other bail authorised person will be reluctant to grant bail if there is evidence the defendant has previously failed to comply with bail conditions.
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 previous bail. This should be done to ensure that what they rely on in fact 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.
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.
An example of how we at McMillan Criminal Law treat these matters is the case of The Matter of an Application for Bail by (client name redacted). From it, you can see that case the applicant was charged with an offence which automatically required him to show cause before he could be considered for bail. My strategy was to isolate the factors behind what might have caused the allegation to arise in the first place and offer an explanation and treatment regime for them. It proved to be successful, and he was found to have shown cause and ultimately admitted to bail.
Get Help With Your Bail Matter
At McMillan Criminal Law, we have helped many clients with their bail preparation and to be granted bail in various courts across QLD / NSW in areas such as Tweed Heads, Brisbane and the Gold Coast.
Dear valued client,