Probably you’re wondering how to apply for bail and will you be able to avail of it. Well, you’re on the right page. This article is all about bail and custody. Read on to find out answers to your queries regarding bail process for Sydney.
Bail is always a tricky subject as there’s many misconceptions about the process, conditions involved, and the costs involved. We, criminal solicitors Sydney, have shared some valuable insights on bail application and processes to help you make informed decisions when you’re charged with a criminal offence in Sydney Australia.
Before diving into the process, you should know some basics about bail and its purpose.
What Is Bail?
A bail is a release of someone who is held in custody for a serious offence or crime but pending a trial, until the criminal charges are finalised in the court. Usually, when a person is charged with an offence, he/she will be arrested and taken to custody. The bail will allow the individual to be released from the jail, not the case, or the charges won’t be dismissed. The person is free to be in their community with certain conditions and limitations.
How Does Bail Work?
Once the individual is released on bail, he/she should follow the terms and conditions such as reporting to the police station daily and residing at the same address till the case is finalised in the court. Also, in some cases, a third-party surety, a friend or relative, might need to ensure you will follow the conditions and also require to deposit a certain amount of money to the court on your behalf.
Who Will Grant Bail?
Once the person is arrested, police have to decide whether to let you go or not. However, if the police don’t want to let the person on bail, they will be brought to the court where they can request the court for bail.
Can Bail Be Granted For Any Offence?
No! A show cause offence is a heavy onus on the person to show why they should be granted mail. According to the Criminal Law, the bail will be refused unless the cause for bail to be granted is shown. It’s not that the bail will not be granted. But, this type of serious offence makes it less likely.
Are All Accused Persons Get Bail?
No! It depends on the criminal charges and offences. Some will be refused to avail bail, which means that they should remain in custody until the court finalise their case. In such cases, the assistance of criminal lawyers Sydney is invaluable. A criminal lawyer can help you get bail for the right reasons, which you might not be aware of. If the accused person has some valid reasons as to why they shouldn’t be remanded and released, the chances are likely that they will get bail.
What Will Happen If The Bail Conditions Are Breached?
Failing to follow the bail conditions or appearing at the court on a particular date and time will lead to serious charges like a breach warrant for your arrest. It’s also likely that the person will be charged with the offence of breach of bail that can result in a potential term of imprisonment.
For further queries on bail, please speak to experienced criminal lawyers from criminal law firms in Sydney.
The author is one of the criminal lawyers in Sydney. Along with the team of professionals, he helps clients effectively navigate the legal system and achieve the best possible outcome for their circumstances. Visit https://powerhouselaw.sydney/ for more details.