Bail Applications

Making a bail application is one of the most important steps in a criminal matter. Using an experienced criminal lawyer could literally mean the difference between you being granted your freedom or being denied bail and held in custody.

At the time of charging a person, the police first must consider if a person should be granted bail. If the person is not granted bail by the police, than that person is able to make a release application before the Local Court.

Auslex are experienced criminal lawyers who have successfully argued for the release of countless clients on bail.

The law requires that bail applications are dealt with “as soon as reasonably practicable”. Auslex ensure every step is taken to have your bail application heard by the court as soon as possible. We can arrange to urgently meet you in the custody cells of most police stations. It is important to us that no one spends a minute longer in a jail cell than they should.

A person has a general right to bail provided there are no unacceptable risks to them being released pending their court case.

The unacceptable risk test applies to all offences. A court must assess any bail concerns associated with the accused and, on the basis of that assessment, determine whether the accused person is an unacceptable risk. Whether there is a bail concern involves assessing whether if the accused person, if released from custody, will:

• fail to appear at any proceedings for the offence, or
• commit a serious offence, or
• endanger the safety of victims, individuals or the community, or
• interfere with witnesses or evidence.

If a bail concern cannot be sufficiently mitigated by bail conditions then a person may not be granted bail. It is therefore important that your criminal lawyer presents to the court the right information to ensure any bail concerns are meet to ensure you are granted bail.

Auslex has the expertise to assist with this. We can help prepare your bail application by gathering information and court evidence to support you being granted bail.

In some cases there is an additional requirement to “show cause” before a court will grant a person bail. This additional requirement makes it even harder to obtain bail and can often result in many people being held in custody awaiting their trial.

With regard to a “show cause” offence, a court must refuse bail unless the accused person shows cause why his or her detention is not justified. This is not an easy legal argument too make. By not engaging a qualified and experienced criminal lawyer to make your bail application, particularly if there is a requirement to show cause, there is a real risk bail may not be granted.

If you have used a previous lawyer who was unsuccessful in getting you bail, we may be able to assist in making a further bail application on your behalf. There are restrictions on making further bail applications to the same court. However we can assist by thoroughly reviewing your matter to determine if new evidence can be presented to support a further bail application. We can also discuss your options to make further applications for a bail review to the NSW Supreme Court.

Don’t sit in jail a minute longer then you have to, contact us today.