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Bail Lawyers & Solicitors
Our team of dedicated criminal lawyers are always available to attend court to represent you at a bail application. We are contactable 24/7 and will readily attend any court in Australia to make your application for bail. We have often appeared for clients who are taken to Parramatta Bails Court on weekends and public holidays for their case to be heard.
We have successfully argued for bail for our clients when it appeared seemingly impossible that they would get bail. With recent amendments to the Bail Act,it is very difficult to make a second or subsequent bail application in the local court when the first application has failed. It is imperative that you obtain legal advice from one of our lawyers before leaping into a bail application at the local court.
If bail is refused in the Local Court or District Court, we can lodge an application with the Supreme Court of NSW for you. We will expertly prepare your application and guide you step by step on what documents you need, and what witnesses you may require to convince the court that they should set you free whilst your case goes through the lengthy court process.
What is a Show Cause Bail application?
Following the release to bail in many high-profile offenders, and following the tragedy of the Lindt Siege, strict bail laws have been rushed through to ensure that more serious offenders are kept behind bars.
In early 2015 there were a number of changes to the Bail Act which have made the prospects of getting bail in many serious criminal charges much harder. Within this amendment categories of offences were introduced for which bail must now be refused unless the accused can ‘show cause’ why his or her detention is not justified.
This amendment to the Bail Act means that for a number of offences achieving bail is now a lot harder and requires the accused to prove that the bail sought is not justified in the matter.
Which offences will now require the accused to show cause in a Show Cause bail application?
If the accused is charged with any offence that falls under s 16B of the Bail Act 2013 the show cause requirement for bail applications will apply.
There are many offences, all of which are found under s 16B of the of the Bail Act 2013.
For more information on “Show Cause” bail applications, and bail generally, go to our article on the topic, by clicking here.
Factors in Determining Bail
s. 18 of the Bail Act lists some of the factors the court will take into account in determining whether bail should be granted. Some of these are:
- The probability of whether or not the person will appear in court in respect of the offence for which bail is being considered,
- The person’s background and community ties,
- Any previous failure to appear in court,
- The circumstances of the offence (including its nature and seriousness), the strength of the evidence against the person and the severity of the penalty or probable penalty,
- The period that the person may be obliged to spend in custody if bail is refused.
Case Study - Serious Offences Bail Application
Our client was arrested by Police in breach of bail, when his partner made allegations against him stating he had assaulted her and he had threatened her with a gun. Police attended the premises and found a rifle hidden in the garden and found a several other gun parts.
Despite all odds, our solicitor obtained bail. In order to do so, she had to show new circumstances, as a prior application had been made, she then had to show cause under the new bail act, and satisfy the magistrate that he was not an unacceptable risk.
To achieve this, our solicitor’s preparation was key. She contacted witnesses and obtained statements which were crucial to the success of the application, enabling us to challenge the Crown case and show it was weak and our client’s detention was not justified.
Bail was granted by Magistrate McGlynn at Parramatta Local Court in early March 2015.
Case Study - Lengthy Criminal Record, Bail Granted
Our client was charged with serious offences of Supplying a Large Commercial Quantity of Prohibited Drug (approximately 2kg).His bail application in Burwood Local Court was refused.
We proceeded to the Supreme Court of NSW, where another application for bail was made on his behalf in June 2012.
After a 2 day hearing, our client was granted strict conditional bail. Our team successfully argued the following points:
Our client is now free to properly prepare his case and challenge the charges that have been put against him.
Bail granted for Kidnap – Assault – Domestic Violence
Our client was charged with ‘deemed’ supply of 9 grams heroin while he was on parole for another offence.
Our client had an extensive criminal history and was previously incarcerated for personal violence offences.
Our senior criminal lawyers argued that the significant delay in the proceedings warranted bail being granted citing a numerous case law to support the argument.
The court agreed and granted bail to our client on strict bail conditions.
The great work and preparation of the bail application ensured that the magistrate’s ‘hands were tired’ and he had no option but to grant bail.
Bail granted for Supply of Prohibited Drug- Commercial Quantity
Our client was charged with the serious indictable offence of kidnap and the assault of his estranged girlfriend.
Despite facing a serious indictable charge that carries a penalty of 14 years imprisonment, 3 charges for common assault increasing the maximum penalty to 21 years imprisonment, and having no presumption in favour of bail we were determined to fight for our client.
We advised him to apply for bail in the local court due to the considerable weaknesses we found in the prosecution’s case.
We fiercely argued that the evidence of injury to the victim was absent and at best inconsistent with the allegations against our client.
We disputed critical facts in the prosecution’s case, arguing against the victim being detained against her will and that the victim was freely accompanying our client without attempting to escape.
Our team of criminal lawyers researched every possible flaw in the prosecution’s case which we successfully argued to the court.
Instead of finding himself in remand custody for an unknown period, our client has been able to remain at liberty and employed while he awaits trial – at which we will vigorously defend his innocence.
Bail granted for serious fraud case
Our client was charged with supply prohibited drug (Commercial Quantity). He was found in a vehicle with a commercial quantity of ecstacy.
Adam of our office appeared at Central Local Court in January 2015, before Magistrate Mabbutt. After providing evidence of a substantial surety, submissions relating to the strength of the prosecution case, evidence of compelling subjective matters that supported the argument for bail, Magistrate Mabbutt granted bail.
Whilst the conditions were very onerous, the application was made on the strongest terms.
Our client is now a free man to properly prepare his defence.
Bail granted following allegations of stabbing
Our client was charged with alleged fraud of more than $120,000.
She was not an Australian citizen, only visiting Australia on a visitors visa.
The prosecution argued that our client was a flight risk and should not be given bail, as an unacceptable risk of flight.
We argued that our client’s passport would be surrendered and a substantial surety could be lodged, in cash, to ensure her attendance at court for the defended proceedings.
We attacked the prosecution case for its weaknesses, which were many.
Magistrate Andrews at Central Local Court granted bail with strict conditions.
Bail granted for accessory after the fact to murder charge.
Our client was charged with reckless wounding, following an altercation with her partner, resulting in the infliction of a knife wound on his arm.
The case appeared before Burwood Local Court before Magistrate Stapleton.
The prosecution strongly opposed bail. We submitted that, whilst there were unacceptable risks that our client may contact the victim, be a danger to the community, and may have an incentive to flee, strong bail conditions would mitigate those risks.
Magistrate Stapleton agreed with us, and granted bail with conditions that she not contact the alleged victim, surety be deposited, and reporting conditions to the nearest police station.
Our client remains free to defend the charges.
Our client was charged with accessory after the fact to murder. It was alleged that our client was complicit in hiding the body of a victim of an alleged murder. Our client in this matter sought bail as the trial process could be a lengthy one.
This matter was heard before Magistrate Williams at Parramatta Children’s Court, due to the seriousness of the alleged crime, it was likely that a bail application could be denied leaving our client in custody awaiting trial.
The police in this matter were relying heavily on telephone intercepts and are yet to find the body of the deceased.
Our client denied the charged, the matter proceeded for bail application, the solicitor was able to successfully argue that the police case against our client was weak and strict bail conditions could mitigate any bail concerns that the court had.
Based off of the submissions made by our solicitor in court, Magistrate Williams deemed that our client was not an unacceptable risk and granted bail to our client.
A fantastic result for our client who was extremely happy.
We are very experienced in getting bail for our clients for serious indictable offences. Call us for a free consultation, to find out whether there is a chance at bail for you, or a loved one.
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