When a person is charged with a criminal offence, they may be remanded in custody or granted bail by the police or by a court. Every state and territory has its own bail laws; however, the general principles governing bail are the same throughout Australia, although they are expressed differently in the legislation of different jurisdictions. This page summarises bail laws in Australia.
What determines whether bail is granted?
A person will be refused bail if their release would pose a risk to the community and bail conditions could not mitigate that risk. When considering a bail application, courts consider many factors including the following:
- The alleged offences
- The strength of the case
- The accused’s prior criminal record
- The accused’s bail record
- The accused’s circumstances
In most states, there are bail presumptions that apply in particular situations, such as where a person is charged with a certain offence or has certain prior convictions. These presumptions require the defence to make a case for why bail should be granted to a person who is facing serious offence, and the prosecution to show why bail should not be granted for less serious offences.
What bail conditions will be set?
When a person is granted bail, they must attend court to finalise the charges. Others bail conditions may also be set depending on the circumstances.
These include:
- To live at a particular address
- To report to police at particular times
- To be supervised by Corrections
- Not to contact particular people such as alleged victims
- To abide by a- curfew
- Not to consume drugs or alcohol
- To forfeit money if bail is breached (a bail surety)
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.