As you will note from our previous
articles, the courts will refuse a bail application if the court is of the view
that there is an ‘unacceptable risk’ and that unacceptable risk cannot be
mitigated by the imposition of stringent bail conditions.
Now this section will talk about ‘Bail
Conditions’, which is an exercise which the defence lawyer must perform to
address the court’s concerns. It should be noted that those bail conditions
must be proportionate to the offence, reasonable and these conditions also
cannot be more onerous than necessary, and the person must be able to meet
those bail conditions.
Examples of Bail Conditions
The following are a few examples of
the conditions which the court imposes if the Unacceptable Risk can be
mitigated through the imposition of Bail conditions:
–
To be of
Good Behaviour
–
Reporting
conditions: the accused is to report (to their nearest Police station) daily or
three times per week or once per week (as ordered by the honourable court)
–
Curfew
Conditions
–
Not
approach any point of departure in Australia
–
Location
restrictions
–
Surrendering
of passport
–
Residential
conditions: that the person reside at a specific address
–
Abide by an
AVO (If there is an interim AVO attached to the substantive proceedings)
–
Not consume
any alcohol or drugs (unless prescribed).
–
To
undertake a specific rehabilitation course and obey any reasonable direction
given by the person in charge at the rehabilitation course.
It is very important that you speak
with a lawyer so that you can get the appropriate legal advice which you
require prior to going to court.
Our team of experienced solicitors are there for you and can
help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects
the Laws of NSW as at 4th July 2022.
*Please
note that this page or any other pages on our website (including any other
social media platforms for Nicopoulos Sabbagh Lawyers) are not to be considered
as a substitute for legal advice or even other professional advice. It should
also be noted that accessing of this information from this website does not create a client-lawyer
relationship.