One common word, which you might hear is the word ‘Bail’. What is ‘Bail’? The word ‘Bail’ has derived from the term, Baillier, an old French word which means to ‘guard’ or to ‘control.’ Bail Laws in NSW are governed by the Bail Act 2013 and this Act provides the police officers, Lawyers, Magistrates and Judges with all of the legislative framework required to make an informed decision as to whether or not the accused person should be detained or released or (in more serious offences) is to appear before a court to have their bail determined.
‘Bail’ is when an accused person has been charged with a Criminal offence and that person has been released from custody while their case is being determined by the relevant Court.
Bail could be granted by (firstly) a police officer following an arrest and this is commonly called ‘Police Bail’. Secondly, Bail can also be granted by the Local Court in circumstances where the police have refused bail and this is usually called ‘’Court Bail.’’
Thirdly, if you have been refused bail by the Local Court (or sometimes even the district court) you can apply to the Supreme Court for a Bail Application.
Fourthly (and in very rare circumstances) if bail has been refused by the Supreme Court, section 67 of the Bail Act 2013 empowers the Court of Criminal Appeal with the ability to consider a Bail Application. The Court of Criminal Appeal usually consists of a bench of 3 Judges of the Supreme Court who will hear the Bail Application to make a determination as to whether or not Bail is to be granted.
Many factors are taken into consideration when granting bail and they include (but they are certainty not limited to) the following considerations:
<![if !supportLists]>– <![endif]>The Nature of the offence;
<![if !supportLists]>– <![endif]>The Defendant’s Criminal Record;
<![if !supportLists]>– <![endif]>Whether the defendant has been in Custody before;
<![if !supportLists]>– <![endif]>Whether the defendant has previously committed any offences whilst on bail;
<![if !supportLists]>– <![endif]>The Length of time that the defendant is likely to spend in custody if bail is refused;
<![if !supportLists]>– <![endif]>Whether or not the accused will adhere to his bail conditions given his prior Bail report(s);
<![if !supportLists]>– <![endif]> Whether imposing of strict bail conditions could alleviate any concerns in relation to Bail being granted;
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.
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