After the police have arrested someone, they can:
If police oppose bail, they will take the person before a Magistrates Court. The arrested person will then have the opportunity to apply to Court for bail.
Generally, the Court will ask a person if they want to make an application for bail right away. This can often result in a person making an application without legal representation.
If the Magistrates Court refuses a person bail, they can apply to the Supreme Court.
The Supreme Court will decide the application afresh. Their decision is not influenced by the decision of the Magistrate.
If a loved one has had their bail refused, we know you will want to bring on another application as soon as possible. Aitken Whyte Lawyers’ criminal defence team have the experience to make this happen. We will discuss with you:
The starting point is that the prosecutor must show why the Court should not grant a person bail.
In most cases, the Court must grant a person bail unless there is an unacceptable risk the person will:
Whether there is an unacceptable risk a person will do any of the above is a determination for the Court.
In certain cases, the onus reverses to the defendant, who must show they do not pose an unacceptable risk. In these cases, the Court must refuse bail unless the person shows cause to refute that they will do any of the above.
Where this is the case, the person is in a show-cause position.
Circumstances that can put a person in a show-case position include if:
There are other reasons you may be in a show-cause position, which we can discuss with you. We will let you know if this is the case and what you will need to prove to the Court to show they should not remand you.
When a person is in a show-cause position, it is more likely the Court will refuse bail and remand them in custody.
We have experience in Supreme Court bail applications for clients in this position. Our understanding of what the Court requires allows for optimal presentation for success. If a loved one is in custody, contact us to discuss their prospects of bail before the Supreme Court.
Important factors for the Court to consider include:
Potential delay of the matter can act in a person’s favour. This is if they are at risk of spending more time in custody than they likely would if convicted of the offence(s). In these circumstances, a Court is more likely to bail the person until they deal with the matter finally.
It can increase the chances of bail if another person is willing to act as a Surety. A Surety deposits a sum of money to the Court which they forfeit if the defendant breaches their bail or gives security over their real property.
A Surety must be over 18 years of age and must not have any convictions for serious offences. The Court will not accept a person as a Surety if the forfeiture of money would ruin them.
The Court can impose any conditions on a person’s bail which it considers are necessary. Common bail conditions include:
The Court may also need a person to:
If your circumstances change after the Court grants you bail, it is possible to:
You may wish to vary the conditions imposed by your bail if you:
Speak to us if you need help to vary the conditions of your bail. Remember, breaching any of the conditions is a serious criminal offence. A breach can even result in the Court revoking your bail, so it is important to try to have your bail varied if necessary.
You should have experienced solicitors when dealing with any bail application. Particularly for applications:
If you or a loved one are being held in custody after arrest, our Criminal Defence team can protect your rights.
Aitken Whyte Lawyers Brisbane are focused on results. Our solicitors can assist you with all bail related matters. Call us today to discuss your needs.
Aitken Whyte Lawyers Brisbane
2/414 Upper Roma Street
Brisbane QLD 4000