Bail
What is Bail?
Bail is required when someone is arrested and requires liberty for an offence for which they have been charged.
How to get Bail
Bail can be granted by the Police or otherwise a release application needs to be made before a Magistrate or Judge in Court.
Recent Bail law changes
In NSW, there have been some important changes for persons who wish to be granted bail. In January 2015, the “show cause” requirement was added to the process for a release application for certain offences.
In essence, this means that the person seeking release must show that that their detention is not justified.
This is a significant change to the Bail Act, as it reverses the onus to the person to show why they should be released, as opposed to previous position where the Police had to convince the Court as to why the person should not be detained in custody.
For these reasons, it is important to ensure that the release application is handled properly on the first occasion.
If it is not handled properly, it may result in the person being bail refused, meaning there will be significant hurdles to overcome in making a further application for release (or the person will need to make a Supreme Court application for bail which may take 6-8 weeks).
Need help?
Matthew Unwin, Principal solicitor at HCD Law, specialises in the area of criminal law which includes bail/release applications in the Local and District Courts.
If you have a family member or friend that wishes to make an application for release, do not hesitate to contact Matthew.
This information is not legal advice and is not to be relied upon in any way.
