Bail Lawyers Perth

Bail applications

We can assist with your bail applications. Click here to book a special discounted initial consultation for 45 minutes ($190). We provide clear and informative legal advice, forceful representation and our fees are highly competitive.

Your right to bail

Persons accused of breaking the law have a qualified right to liberty. Bail is permission granted by the police or the courts for a person to be released into or remain in the community whilst charges against them are still progressing through the criminal justice system. When the Prosecution oppose bail, legal representation at the contested bail hearing is important to maximize the chance of the court granting bail.
If you are arrested for an offence, Police must as soon as practicable make a decision to either charge you or release you without charge. If you are charged with a minor criminal or traffic offence which does not carry any real risk of imprisonment, you are unlikely to be placed on bail.. If you receive a summons instead of bail, attendance at court is mandatory, if you fail to attend the court hearing an arrest warrant will be issued.

If you are charged with a serious offence carrying a risk of imprisonment, Police are required to consider granting you Police bail. If Police refuse to grant you Police bail, you must be brought before a court as soon as is practicable.

If Police ask you to present yourself at a Police Station for questioning in relation to a serious charge, you should arrange an appointment in the early morning. If you are charged and Police bail is refused, you will be brought before a Magistrate to have bail considered the same day and avoid spending the night in the lock-up. However, if you are arrested in the afternoon or evening and Police bail is refused, you will be kept in the lock-up overnight and taken before the court the following morning for bail to be considered.
At your initial court appearance, you are entitled to have bail considered by a court. If you are in custody, you are entitled to have bail considered at each subsequent court appearance until a decision has been made.

Bail hearing

At the hearing of a bail application, the court may take into account such information as it thinks fit, whether or not the information would normally be admissible in evidence. You may wish to support the information put on your behalf by providing a statement or affidavit to your solicitor. You may also provide the court with references or affidavits from other persons who support your case for bail. We will advise you on how best to present your case for bail and on the type of supporting evidence that is likely to assist your application. It is important that careful consideration be given to your bail application because if bail is refused and you are facing serious indictable charges, it is likely that you will be waiting 18 – 24 months for a jury trial.

What factors does the court consider in a bail application?

I. the nature and seriousness of the offence or offences (including any other offence or offences for which you are awaiting trial).
II. Your character, previous convictions, antecedents, associations, home environment, background, place of residence, and financial position.
III. the history of any previous grants of bail to the accused.
IV. the strength of the evidence against the accused. Bearing in mind that you are presumed innocent until proven guilty and the Prosecution bears the onus of proving the charge(s) to the highest standard of proof known to the law.
V. Whether you may fail to appear in court, including whether you are a flight risk,
VI. The risk that you may commit a further offence and the need to protect the community,
VII. Whether you are likely to endanger the safety or any person or property,
VIII. Whether there is a real risk that you may interfere with witnesses or obstruct the course of justice or otherwise interfere with the conduct of a trial.
IX. Your history of compliance with grants of bail.
X. Whether you need to be held in custody for your own protection,
XI. If the prosecution oppose bail, their grounds for opposing bail,
XII. Whether conditions could be imposed which would sufficiently remove the risks referred to above.
XIII. The likely delay in the matters reaching trial. For example, serious indictable charges will often take 18 – 24 months from the date that you are charged to reach a jury trial. If you are convicted and the sentence imposed is likely to be less than 4 years, you may spend more time in custody awaiting trial than you would have done had you simply pled guilty at the first opportunity.
XIV. Whether the circumstances of the offence or offences are so serious in nature as to make a grant of bail inappropriate.

When can bail be refused?

Bail can be refused if:

1. the accused may fail to appear in court; commit an offence; endanger the safety, welfare, or property of any person; interfere with witnesses or otherwise obstruct the course of justice, or
2. the accused needs to be held in custody for his own protection;
3. the prosecutor has put forward grounds for opposing the grant of bail;
4. there are grounds for believing that the proper conduct of the trial may be prejudiced if the accused is not kept in custody.

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If you’re looking for expert criminal lawyers specialising in bail applications in Perth, WA, look no further than Andrews Legal. Contact us today if you or somebody you know needs assistance with a bail application

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