Bail Applications and Appeals

Bail (now referred to as Release Applications) is the release of a person from custody on the condition that they will appear in Court at a later date. The accused will have to agree in writing, that is give a written undertaking, that they will appear at Court on the date and time assigned to them. They will also be required to advise the Court of any change in address.

Bail will only be available to an accused person, depending on the nature and type of offence that they have been charged with. 

Will I be granted bail?

Effective from 28 January 2015 

Under the Bail Act 2013 (NSW) there is a two-step test. The first test is caused a ‘Show Cause Requirement’. You must meet this requirement if your offence is a serious offence, such as:

  • Offences where the maximum penalty is life imprisonment, such as Murder
  • Various aggravated forms of sexual assault offences
  • Serious personal violence offences where the accused has a history of serious personal violence offences
  • Various Firearms and weapons offences
  • Drug supply, cultivation, possession or manufacturing offences of a commercial quantity or large commercial quantity
  • Commonwealth drug offences of a commercial quantity
  • Serious indictable offences committed whilst on bail or parole

 The onus is on the accused to show why detention is not justified. If you are unable to show cause then bail will be refused.

If the accused is able to show that detention is not justified then the court will move to the second step which is called the ‘Unacceptable Risk’ test.

The court will consider whether or not you are a ‘bail concern’ which equates to an unacceptable risk. Factors to be considered include:

  • Risk that you will fail to turn up to your court dates
  • Commit a serious offence whilst on bail
  • Endanger the safety of victims or community members
  • Interfere with witnesses

The court will also consider other factors including your background, criminal history, the strength of the case against you and if you have any criminal associations.
If the court finds you are an unacceptable risk then bail will be refused. If the court finds there is no unacceptable risk the court will grant bail with or without conditions.

Examples of conditions that may be imposed include restrictions on where you may reside, who you may contact and where you may go during the bail period, along with forfeiture of a passport. You may also be required to undergo treatment or rehabilitation as a condition of bail. This is often the case for those charged with types of drug-related offences. 

Additionally, you may be required to hand over cash or security to secure bail. This money or security may be forfeited should you fail to comply with your bail conditions, and is hence designed to ensure that conditions are complied with. The judge or magistrate will determined the appropriate amount of cash or security. It is quite common to put up their house or other property for bail.

If you need more information about a release application, we advise that you contact a solicitor as soon as possible. Our lawyers can advise you as to whether you will need to show cause and if you are likely to be seen as an unacceptable risk. Our lawyers will also advise how best to present your case and on making a repeat application should your initial application be refused.

Our lawyers are available 24/7, so no matter what the time is, we can help to bail you out. Call us now on 02 9267 6255.
 

Appeals

You might have been convicted of an offence after a defended hearing in the Local Court and are not happy with the result: you can appeal to the District Court of NSW. Likewise, you might have been sentenced by the Local Court (either after a hearing or after a plea of guilty) and believe the penalty is too severe: you can appeal to the District Court of NSW.
Likewise with decisions by the Local Court to grant an AVO, you can appeal to the District Court of NSW.

There are some strict deadlines for lodging appeals to the District Court so if Blair Criminal Lawyers are not already looking after your matter in the Local Court, then call us today. When the District Court hears an appeal against conviction, the Court generally do not hear the witnesses all again but rather read the transcripts of the Local Court proceedings and look and the exhibits tendered in the Local Court. If you want to produce fresh evidence or call witnesses you will need the District Court’s permission.

For an appeal against the severity, you can produce fresh evidence without the need for the District Courts permission.

Appeals to the District Court are generally the “end of the line” so it’s important to get it right.

You can call Blair Criminal Lawyers anytime on 02 9267 6255. We understand that you may have been charged after hours and need advice right away. We have expert lawyers available to help you at all hours.
 


 
What our clients have to say.
I’ve been acquitted of the charges I owe my sincerest gratitude to Dina and Michael for my freedom, so thank you for everything!>... + read more
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