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Bail Application
About Bail Application
What Is Bail?
Bail refers to the release of an accused individual from custody while they await trial or sentencing, subject to conditions imposed by the court. The primary purpose of bail is to ensure the accused attends future court hearings, while also safeguarding the community’s interests.
Bail is especially crucial given the long delays in securing a trial date. For serious cases heard in the District Court, an accused person may face a wait of up to two years before their trial. If bail is denied, they would spend that time in custody. Sadly, there are cases where an individual is refused bail, spends two years awaiting trial, and is ultimately acquitted by a jury—leaving them with no recourse or compensation for the time lost.
This highlights the importance of a well-prepared bail application and having an experienced criminal lawyer represent you, as a bail refusal can make it difficult to apply for bail again.
Conditions and Variations of Bail
Common bail conditions may include:
- Reporting to a police station.
- Urinalysis
- Surety
- Adhering to curfews.
- Surrendering passports.
- Avoiding contact with specific individuals (protective bail conditions)
- Home Detention
Can I change my bail conditions?
If circumstances change, it may be necessary to seek variations to bail conditions. Our lawyers can assist with modifying these conditions. For example, if an accused person is required to report to a police station five times a week, we may seek to reduce the number of reporting days or remove this reporting requirement entirely. We can also seek to remove a curfew.
What is a surety?
A surety is an individual who agrees to forfeit a specified amount of money if the accused person fails to appear in court as required by their bail undertaking.
The surety generally does not need to deposit any money when becoming surety. They only become liable for the money if the accused fails to attend court. Generally, the surety is not required to deposit any money upfront; they only become liable for the sum if the accused fails to attend court. As a surety, your responsibility is to ensure the accused attends court, or you will forfeit the money.
A surety is generally not liable if the accused fails to comply with other bail conditions, such as failing a urinalysis or not reporting to a police station.
What Happens If Bail Is Refused?
If bail is refused, the accused may:
- Present new facts or circumstances to the Court to seek reconsideration.
- Submit a fresh application in the Supreme Court.
It’s crucial to understand the reasons for refusal and address them comprehensively.
Breach of Bail and Consequences
Failing to comply with bail conditions is an offence under the Bail Act 1982 (WA), punishable by up to 3 years’ imprisonment or a $10,000 fine. Prior breaches impact future applications and may result in bail being revoked.
Protective Bail Conditions
Protective conditions are designed to alleged victims or prosecution witnesses. A protective bail condition may include not to contact or approach within 100 metres of the alleged victim. Breaches of protective bail conditions are taken seriously and can lead to significant penalties.
Schedule II Offenders
Accused persons charged with a second “serious offence” while on bail for an initial “serious offence” face stricter scrutiny. They must demonstrate “exceptional reasons” to have their bail considered, which is a high legal threshold to meet.
How WA Criminal Lawyers Can Help
Navigating the bail application process requires legal expertise and meticulous preparation. It is very important to have an experienced criminal lawyer by your side. If you or a loved one need assistance with a bail application, contact us today for reliable and compassionate legal representation.
