Bail

Applying for Bail and Defending Breaches of Bail Conditions or Detention Applications

Depending on the charges, bail may not be an option and even if bail is possible, a bail application may be complex and difficult to run.

What the Courts want to know in a bail application

When deciding to grant bail, the Courts have 4 main risk considerations that we need to overcome in your bail application. They are:

1. The risk of you failing to appear in Court
2. The risk of you committing more serious offences while on bail
3. The risk of endangering a victim or the community
4. The risk of interference to evidence or a witness

Bail conditions

If the Court considers any of these risks are relevant to your bail application, then the Court will consider whether including special bail conditions will mitigate the risk. These conditions may include:

  • Reporting to the police daily or weekly
  • Surrendering your passport
  • Not contacting the victim/s or witnesses
  • Depositing a sum of money or placing a mortgage on a property
  • A curfew where you must remain at home during certain hours
  • A travel restriction or exclusion zone

Breach of Bail and Detention applications

If you breach any of your bail conditions, the police can apply for a detention application. If granted:

  • Bail may be revoked which means you will be taken into custody
  • Greater conditions and restrictions may be added to your existing bail conditions

Do you know someone who needs bail or are you defending a breach of bail charge or detention applications?

We are highly experienced in successful bail applications in all jurisdictions as well as defending breach of bail conditions and detention applications. If you or someone you know needs a strong advocate for a bail matter in NSW, get in touch with us here.

FAQ

Are you facing legal issues and have questions about how to proceed?

Our law firm has compiled a comprehensive list of frequently asked questions (FAQs) to help guide you through the legal process.