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:
–
The Nature
of the offence;
–
The
Defendant’s Criminal Record;
–
Whether
the defendant has been in Custody before;
–
Whether
the defendant has previously committed any offences whilst on bail;
–
The
Length of time that the defendant is likely to spend in custody if bail is
refused;
–
Whether
or not the accused will adhere to his bail conditions given his prior Bail
report(s);
–
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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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
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create a client-lawyer relationship.