Being charged with a crime or arrested is a stressful experience. But, when a person is arrested, they are entitled to a bail application. Bail allows an accused to be free in the community while still the legal matter proceeds through the judicial system. When the bail is denied, the person will remain in prison until the judgement. This means, even if the person is innocent and the bail is denied, he spends time in jail. When you work with the best lawyers in Sydney, they will process the bail application and help you obtain the bail.
Common Conditions Associated with Bail
If you want to obtain bail, there are a few conditions you must agree to.
- To obtain bail, you must require a surety who is over 18 years.
- You must report to the police on specific days.
- You must follow the curfew diligently.
- If you are accused of a crime and have chosen a bail application, you should reside at a specific address.
- You should not contact specific people either directly or indirectly.
- You will not be allowed to enter certain areas.
- The court asks you to surrender your passport.
Different Ways A Bail is Granted
There are different ways through which bail is granted. They are,
When a person charged with a criminal offence is arrested, they will be taken to the nearest police station. The Custody Sergeant discusses the issue with the investigating police and will decide whether to grant bail to the accused or on what conditions the bail applies to the accused.
Local Court Bail
When police bail is denied for a person, they must be produced before the nearest Local Court. This must be done on weekends and holidays too. After producing at the Local Court, the accused can decide whether they want to apply for bail or not. If they don’t go for a bail application, they will remain in jail until their legal proceedings are over.
If the bail application of an accused person gets rejected in the Local Court, they have the right to apply it via Supreme Court. This will be considered as a completely new bail application and is heard by a single Judge. You can apply for bail application to the Supreme Court only if the Local Court denies it.
Court of Criminal Appeal
When the accused is refused bail in the Supreme Court, the final bail application can be made to the Court of Criminal Appeal. This hearing will be preceded by three Judges of the Supreme Court.
A bail grant to an accused person depends on their individual circumstances. There are a few factors that impact your bail application process. They are,
- The nature of the offence
- Community concerns
- Level of violence
- Serious drug offence and more
Applying for bail? Get legal advice from the best lawyers Sydney to ensure that all the documentation are professionally prepared and your chances of bail grant are increased.