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.