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.