A Simplified Explanation Of Bail Application And Bail Laws In Australia

A Simplified Explanation Of Bail Application And Bail Laws In Australia

Almost everyday, we come across crime stories in the news. When an alleged offender is arrested for an offence, you might wonder what are his rights? For starters, he has every right to hire one of the best criminal lawyers in Sydney as they can help him in the procedure of filing a bail application. The accused person will be taken to the police station where the bail sergeant will decide whether or not to grant bail to the accused person. Now let us understand both the outcomes of the bail appeal.

What is bail?

After the police press charges against a person and when he is arrested, he will be considered as an accused person. If the police grants the accused bail then he will be released immediately but if the police does not grant bail then the accused will have to attend the court dates. Now it is upto the judge to determine whether or not the bail will be granted. The magistrate court can determine bail at the same day. If the accused person has been denied bail at the police station then the accused will have to stay the night in jail and will be taken to the court the next morning. Your lawyer would advise you to be prepared  for an urgent bail application before you attend court the following day.

If the bail is granted...

If the bail is granted, then the accused person will be released without bail conditions. The court will provide a date and the person will be released with or without bail conditions, depending on the type of accusation. But the accused has to appear in the court on the scheduled date and present himself in relation to the charges that are pressed against him.

If the bail is not granted…

If the bail is refused, then the accused will be taken to the nearest local court as soon as possible. Now the Judge or Magistrate will determine the bail. The court will only grant bail if the accused shows up at the court during his given dates.

Understanding the ‘show cause’

Show cause is a type of court order that requires the accused to present one or more parties ( except himself) to prove or testify something. The judge passes this law when he requires more than one person to confirm the facts of the cases. Bail will only be granted if the court is convinced that it is ‘safe’ to let the accused out among the public. 

What happens when the bail conditions are breached?

A failure to attend court when required under bail without a reasonable excuse will lead to imprisonment or fine. If the accused simply forgot about his court dates or he was too sick to report to the police station strict actions can be taken. Extreme actions against the accused can be avoided by simply calling and informing at the police station.  If the accused is unable to report due to extreme health conditions, the proper medical certificates must be presented. If the accused fails to present any medical documents, then the police can do one of the below mentioned things:

  • Issue a warning
  • Issue a legal notice that states the accused to attend court hearing
  • Issue a court attendance notice
  • Arrest the accused without a warrant and then present him in the court

Whatever the circumstances are, taking the help of a reliable and experienced lawyer might help to ease out the situation and tackle the situation responsibly. Whether you are looking for a criminal lawyer or the best business lawyers in Parramatta, get in touch with Eden King Lawyers and they will help you out.


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