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Bail conditions you can apply for

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The core principle of bail conditions is that they minimise the risk of the offender re-offending. The conditions will be specific to the crimes committed and are imposed by either the local court or the supreme court depending on the severity of the charge.

What are Bail Conditions?

Bail conditions are put in place as both a deterrent and a protection to the general public. When someone commits an offence, they may be granted bail until their matter is determined. In Australia, accused are innocent until proven guilty however reasonable precautions need to be taken when innocence is in question.

Bail conditions are precautions taken to mitigate unacceptable risk to the community. Bail applications made to the court must address how the accused will be safe within the community and what conditions they are willing to agree to. These conditions range from specific curfews to restrains on the use of alcohol and drugs. Realistically however, the conditions need to be relevant to the alleged crime committed.

What Bail Conditions should I be aware of?

Depending on the circumstances of the alleged crime, you may be subject to or need to consider being subject to the following conditions;

  1. A restraint of illicit drugs or alcohol;
  2. A curfew;
  3. A condition to remain outside licenced establishments;
  4. A restraint on approaching certain groups or specific individuals;
  5. etc

Each condition needs to mitigate risk. The purpose of bail is largely to prove a period of good behaviour so that the court can see whether you are taking positive or negative steps.

How Do I Apply For Bail?

Depending on which court you are in (i.e. Supreme court or local court) you will need to apply for bail subject to the rules of that specific court. Bail applications need to be both factual and persuasive so it is essential to take the process seriously.

Most people engage a criminal lawyer to assist them with making the application as they are experts in the field. To make an application, your lawyer needs to first advise your chances of success. The court can look unfavorably on applications which are made with little to no chance of success as they can consider it an abuse of process. At the end of the day, a successful application for bail needs to have the court on its side.

Your lawyer will assist you to make the application and then argue it before the court. You may be asked questions or asked to confirm that you will uphold the conditions placed on you. Your lawyer will need to have faith that you will abide by the conditions in order to convince the court to take a gamble on you. Ultimately, they need to be convinced that there is not an unacceptable risk to the public in doing so.

What should I keep in mind when applying for bail?

When applying for bail, it is important to remember that the key consideration is preventing an unacceptable risk to the community. The court must also consider whether granting bail will endanger the safety of any specific members of the community. It is a big decision for the court to decide to grant bail to someone who has been charged with an offence.

There must be consideration given to whether there is a risk that the accused will re-offend while on bail as well. If the risk is high, then bail will not be granted as the risk to the community is too high.

What bail conditions may I be subject to if I have previously had bail and breached it?

It is difficult to be granted bail if you have been granted it in the past and breached any of your bail conditions. This will also be the case if you fail to appear at any court dates. If you have breached any conditions and you do manage to be granted bail a second time, then you may be the subject of the following;

  1. Curfew;
  2. Restraint of alcohol and drugs;
  3. Restraint against coming into contact with certain individuals or groups;
  4. Police checks in;
  5. etc

If you have been caught committing further offences whilst subject to bail then it is highly likely you will not be successfully given bail again. It is always best to get legal advice as early as possible when considering a bail application as they are best equipped to attend court on your behalf.

What happens if I commit an offence while on bail?

If you commit an offence while already on bail, your bail will be revoked and you will be remanded into custody for the length of your matter’s final determination. If the outcome of your criminal matters is that you will serve a term of imprisonment, they can take into account time already served.

Why may I be asked to stay away from witnesses?

You may be asked or ordered to maintain distance from any potential witnesses in your matter to avoid any allegations you have tried to interfere with witnesses and their testimony or evidence. This is a serious offence as it is considered perverse against the course of justice.

Witnesses can be all types, police, friends, family, members of the community, etc. You will likely be deemed to pose an unacceptable risk if there is a chance that you could tamper with witness testimony. It is essential that between each court date, the safety and validity of witness testimony remains in tact. If you are fortunate enough to get bail, you may need to address how you plan to deal with this issue in the event that witnesses are people you will see regularly.

What Is A Bail undertaking?

A bail undertaking is a form which people sign when they are being released from police custody. Usually they are signing to confirm they understand that they will need to attend court and on what date and time that attendance should be. The police officer is placing faith in the offender by releasing them before their court date.

Usually a bail undertaking will only be allowed in circumstances where the offender is subject to less serious crimes which are not of a violent nature. You do not need to make a bail application for a bail undertaking. It is imperative if you are asked to sign a bail undertaking that you take note of the court date to ensure you do not miss it.

How long after I am released will my next court date be?

If you are fortunate enough to be released on bail from custody then your court date will likely be within a few weeks to months after that date. The court aims to determine matters on a final basis as soon as possible. it is important that you appear in court on every occasion you are required as it will show that you understand how serious the matter is as well as it being a requirement of your bail terms.

What Legislation should I consider for more information?

If you wanting to look towards legislation for information about bail applications then you should consider the bail act specific to your state or territory (i.e. Victoria, NSW, etc). The bail act will lay out the following;

  1. Bail application requirements;
  2. Types of bail;
  3. Bail condition requirements;
  4. How the court may grant bail;

What is legal aid?

Legal aid is a government funding program designed to assist people who cannot afford legal services. The program exists for family law and criminal law matters and can be used for matters arising in both the Magistrates court and Supreme court.

You can obtain legal aid funding for the making of bail applications specifically so you can engage legal advice and assistance. If you are refused bail, you can, in certain circumstances, obtain funding to appeal the decision.

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Understanding Bail Laws in Australia

In New South Wales (NSW), bail laws can be rather confusing to understand. In this article we are going to be breaking down bail laws, the relationship with bail and the police station and what bail conditions might mean for you. Think of it like free legal advice from Jameson Law, some of the best criminal defence attornies in New South Wales. For any questions relating to your or your loved ones’ bail application, contact Jameson Law today. First off, What is Bail? The concept of bail operates as a crucial legal tool regulated primarily by the Bail Act of 1978. Simply put, bail is like a contractual agreement between someone accused of committing a crime and the court. It’s a lifeline that offers the accused a chance to be freed from custody under specific conditions while they wait for their trial. The whole point of bail is to make sure the accused shows up in court when they’re supposed to, all while trying to balance fairness, safety, and the rights of everyone involved. Now, imagine someone gets arrested and charged with a crime. Without bail, they could end up sitting in jail until their trial date, which could be weeks or even months away. That’s where bail steps, allowing a person to continue their life freely until they are to return to attend court. Bail Conditions But it’s not a free pass. According to the Bail Act, there are bail conditions that exist and that are an important part of any bail undertaking. These bail conditions are set by the court – the magistrates court or Supreme Court – and it is important that any accused person must follow them. These conditions can vary depending on lots of factors, like how serious the alleged crime is, whether the person has a history of breaking the law, and if there’s a chance they might try to run away or commit another offence. So, what kind of conditions are we talking about? Well, it could be things like showing up to court whenever they’re supposed to, living at a certain address, checking in regularly with the police, handing over their passport if they have one, or even staying away from certain people or places related to the case. The whole idea behind these conditions is to strike a balance between giving the accused person some freedom and making sure they don’t skip town or cause any more trouble. It’s like saying, “Hey, we’re giving you a chance to be out and about, but don’t forget you’ve got some responsibilities to stick to.” Bail decisions aren’t made arbitrarily by the court, because the court needs to consider what kind of offence the accused person has committed. For a more serious offence, like a bad case of violence, for example, the person might be refused bail.   In a nutshell… So, in a nutshell, bail is like a temporary get-out-of-jail card, but with a bunch of rules attached. It’s there to make sure everyone gets their day in court while also keeping the community safe and respecting everyone’s rights and a fundamental belief that we are all innocent until proven guilty in Australia. For any urgent legal advice, contact Jameson Law today for an assessment of your bail situation. The probability of Bail being given In New South Wales, as the Legal Aid department points out, getting bail hinges on two main factors: whether you need to ‘show cause’ and the court’s consideration of bail concerns. First off, ‘showing cause’ means you have to explain to the court why keeping you locked up isn’t justified. This is usually required if are accused of committing a serious offence. This can include a criminal offence that involves violence, sex, or firearms, or if you were already on bail or parole when charged with a new offence. If you can’t show cause, you’re likely to be refused bail. After that, the court looks at four bail concerns: 1) Will you show up for your next court date?  2) Will you commit serious crimes while out on bail? 3) Will you pose a danger to anyone or the community? 4) Will you interfere with witnesses or evidence? If the court isn’t too worried about any of these issues, or if they think they can be managed by imposing conditions on your bail, then you’ll likely get bail. However, if the court deems you to be an unacceptable risk to the community for an indictable offence that you are accused of committing, then you might have to remain in holding until your court date. Now, if bail is granted, the court has to decide what bail conditions to set. These conditions should only be what’s necessary to address the court’s concerns. They also need to be practical and appropriate for the offence you’re charged with and the concerns the court has. So, in a nutshell, to get bail in NSW, you might need to show cause if it’s a serious offence or if you’re already on bail or parole. Then, the court looks at whether you’ll meet certain conditions and whether those concerns can be managed with bail conditions. If all checks out, you’ll likely be granted bail with conditions tailored to your situation. Essentially, the more serious an offence that you have committed, the more unlikely that you will have bail granted to you. Applying for Bail Applying for bail can be a difficult process, especially in New South Wales. With Jameson Law’s Bail Application assistance, however, navigating the complexities of bail becomes manageable. Our expert criminal lawyers specialize in securing favourable bail conditions, ensuring your rights are protected throughout the legal process. Trust Jameson Law for expert guidance and representation in your bail application journey. Bail Conditions In-depth urity requirements, character acknowledgments, and enforcement conditions. Conduct requirements dictate actions or restrictions, while security requirements involve providing financial or property guarantees. In addition, Character acknowledgments involve someone vouching for the accused’s reliability, and enforcement conditions ensure compliance with other bail terms. Let’s

Your Right to Silence

When arrested, you have a fundamental legal right to silence. You are innocent until proven guilty and the police cannot accuse you of being guilty without proof. If the authorities insist on charging you with a crime they must be able to prove your guilt. It is not your obligation to prove your innocence.  Unlike the Miranda rights read out to Americans when they are arrested, in Australia the police do not necessarily need to read out your rights to you; so it is important that you know them! Whilst you have the right to remain silent when questioned prior and during legal proceedings especially if you would be incriminating yourself, if you are being charged with an indictable offence, it is sometimes important not to suppress facts that you wish to rely on later in your defence. It is therefore imperative that you seek counsel from an expert criminal lawyer to advise you on your rights and what you must and must not divulge to the police. Right to silence when arrested In a criminal matter there is an essential premise of a right to silence that is qualified to some extent by the police issuing a form of demand or administering a special caution. You also have the right to contact a lawyer and have them present for any investigation, the right to medical attention, if necessary, the right to contact a friend or family member and the right to utilise an interpreter, if necessary. Exceptions to the rule of your Right to SilenceIf you are accused of a crime, you can remain silent until a legal representative from a criminal law firm arrives. However, because of a new modification to section 89A of the Evidence Act 1995, remaining silent altogether even when you have representation, may be harmful if you choose to suppress facts that you later rely on in your trial for a significant indictable offence. The exception is in NSW where section 89A of the Evidence Act  stating that Defendants may not be able to rely on a fact unless mentioned to police at the time of questioning. Compromising your right to silence Your right to silence are diminished if the you have been communicating using email, SMS or posting on social media. We’ve had cases where representations have been made to the police, and the police have not been willing to entertain them or show leniency simply because of a post on Facebook or Snapchat of a disparaging nature about the officer; and in some cases having published a video which compromised the defence. So never discuss your case with anyone except your lawyer and do not communicate details of your case via email, SMS, or social media as you are most likely compromising the protections afforded to you by the law to a right to silence. Should I give a statement to police to prove I am innocent? Apart from the aforementioned exception (under section 89A of the evidence Act in NSW), criminal lawyers generally recommend that you do not give police a statement if you are accused of a crime. This is because the police may still charge you irrespective of whether you give a statement or not; and giving a statement will likely increase the chances of you being charged and despite your intention to defend yourself. In fact, things you say in your statement can be used to find you guilty of a crime, even if there is no other evidence. Do I have a right to silence as a witness Yes, if you witness a crime you have the right to remain silent. You are also under no legal obligation to report a crime or answer police questioning. However when the offence is serious things are different. If you refuse to help after witnessing a significant criminal crime, known as an indictable offence, you may be charged with concealing. If you choose to report a crime to the police voluntarily, you may be asked to produce evidence and/or you may be legally obligated to attend court trials. If you find yourself in this situation, and require direction, you may get in contact with a criminal law firm Sydney to assist. Whilst the right of silence has been heavily exploited by criminals who know how to use this law in their favour, it does not protect victims and witnesses who expect retribution from offenders because they do not qualify for the right because they themselves are not being charged. Do I have to give a Police Statement if I am not accused or charged? A police statement is a written document stating a person’s version of events. You should always discuss the matter with a criminal defence lawyer and make sure the police have made it clear what crime is being investigated before you decide to answer investigator questions or make a statement to police. You should also always ask for a copy of your statement from the police after you have made one. Should you choose to give a statement, it is important to be aware that you can be charged with making a false statement to police if you make an untruthful statement. So make sure you tell the truth. Your statement may help police to investigate the crime. You should consult a lawyer if you feel that making a statement might get you into trouble with the law, or implicate you in the crime, or in any other crime. The police cannot force or coerce you into making a statement, but they can subpoena you to attend court and cross examine you on your version of events. Making a false statement to the police Each state and territory has its own legislation that all essentially make it an offence to make a false statement or false statutory declaration. Here is a list of the relevant state legislation: ACT – sections 336A and 337 of the Criminal Code 2002 NSW – section 85 of the Criminal Procedure Act 1986 Northern Territory – section 68A of the Summary Offences Act

Successful Last Minute Bail Application

Emergency Bail Application Request I received a call on the evening of Sunday 28 August 2022 from an unknown number. The male on the phone was in distress and identified himself as the first cousin of my former client (from my previous employment). I was informed that he had been taken to Blacktown police station for breaching an AVO finalised at Wollongong local court on 4 May 2022. Bail Application Preparation   I immediately contacted Blacktown Police station, obtained instructions from the client who was due to be escorted to Amber Laurel Correctional centre in Emu Planes a few minutes after our telephone conversation. I contacted both of his first cousins and obtained statements from each of them in relation to the surety money (security for bail) and a guaranteed place for him to live (if released on bail). I also prepared proposed bail conditions to eliminate any bail concerns the court may have that may classify him as an “unacceptable risk” to the community until 1 am on Monday 29 August 2022. On Monday 29 August 2022, I completed the statements at Blacktown Local Court with both of his cousins present to sign their statements and made rigorous submissions in court opposing the police prosecutor and succeeding on each point raised to the court by the prosecutor. Issue with bank account for surety Resolved   After Court, the surety (his first cousin) provided a joint account in his name and his wife’s name, which the court did not accept. I then typed an authority for his wife to sign in court, on the spot. He printed the authority, returned home to get his wife for the signature of the authority to use the joint account, and met me at Blacktown Police station. We submitted all the surety paperwork and waited around for Blacktown Police to approve all the paperwork and to communicate with Aber Laurel Correctional centre. I contacted Aber Laurel correctional centre several times to speed up the process. The police accepted all the paperwork and notified Aber Laurel correctional centre by 8pm on Monday. I left Blacktown Police station and 8:15pm. I then contacted the correctional centre to confirm his release. At last! Our client was released from remand at 8:30pm on Monday 29 August 2022 and left a really good review on Tuesday 30 August 2022!

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