Your rights in relation to Bail are set out in the Bail Act 1978. For a free initial consultation and advice on bail, please do not hesitate to contact our office on 9290 1177.
General right to release on bail
An offence which is not punishable by imprisonment, as well as other summary and minor offences, carry a right to release on bail. If you are concerned as to whether an offence carries a right to release on bail, we suggest you contact our office.
Presumption of bail
Pursuant to section 9 of the Act, there is a presumption of bail for all summary offences and offences generally. There is a neutral presumption for certain other offences.
There is generally a presumption against bail for cultivation, manufacture, importation and supply of commercial quantity of prohibited drugs as well as for serious firearms or weapons offences. Bail will only be granted in exceptional circumstances with respect to serious offences such as murder and manslaughter.
The above is not an exhaustive list, and sets out the presumptions with respect to some but not all offences. For further details we suggest you contact us.
Where there is a presumption against bail, the Court will ordinarily take into account the strength of the Crown case, but cannot in most situations take into account matters that are common to many applicants, including financial hardship.
In relation to a charge of murder, ordinarily exceptional circumstances must exist before bail is granted to somebody who has been charged with murder (9C of the Bail Act). This will also apply to serious offences such as attempted murder armed robbery and sexual assault.
Bail review and appeals on bail
Under the Bail Act, you have only one opportunity to make an application for bail unless you were not legally represented at the time the initial application was made; or there are new facts and circumstances which have arisen since the last application. It is suggested that you obtain legal advice before making any application for bail, and on any appeal.