After the police have charged an individual, they then need to decide whether they will allow that individual to leave the police station or whether they will keep that individual detained until any such hearing date. Bail means being allowed to go free notwithstanding that you have been charged with an offence.
Show Cause
In certain circumstances, an individual who has been charged may need to ‘show cause’. This means that a bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why his or her detention is not justified.
‘Show cause’ requirements apply to serious offences such as serious personal violence offences, certain firearms offences, or infliction of grievous bodily harm. A full list of relevant offences that have ‘show cause’ requirements are listed within section 16B of the Bail Act 2013 (NSW).
Factor relevant to when determining Bail
Section 18 of the Bail Act 2013 (NSW) provides a number of factors that the bail authority must consider in an assessment of bail, such as:
- the accused person’s background, including criminal history, circumstances and community ties;
- the nature and seriousness of the offence;
- the strength of the prosecution case;
- whether the accused person has a history of violence;
- whether the accused person has previously committed a serious offence while on bail;
- whether the accused person has a history of compliance or non-compliance with any of the following court orders/bail conditions;
- the length of time the accused person is likely to spend in custody if bail is refused,
- the likelihood of a custodial sentence being imposed if the accused person is convicted of the offence;
- the need for the accused person to be free to prepare for his or her appearance in court or to obtain legal advice; and
- the need for the accused person to be free for any other lawful reason.
Types of Bail Conditions
Bail conditions can be imposed when bail is granted or a bail decision is varied. Section 25 of the Bail Act states that bail conditions can impose ‘conduct requirements’ on an accused person. These are things that you must do or must not do such for example; reporting to police every day, surrendering your passport, or to obey a curfew.
Some conditions are known as a ‘security requirement’ which requiring you or another person to give “security”. This means agreeing to pay money if you don’t attend court when you are told. Sometimes the money must be deposited with the court before you will be released from custody.
The bail authority may also impose other conditions that may require you to produce a ‘character acknowledgment’ or enforcement conditions to ensure that you comply with any bail conditions.
Pannu Lawyers regularly appear in Local Court of NSW, District Court of NSW and Supreme Court of NSW. We also appear on Saturday and Sunday in Bail Application at Parramatta Court. If your loved one is charged with criminal offences and you are looking for a competent lawyer to appear on their behalf, please call our office on 02 9920 1787 or 0412 718 714.
