What's happening?
When a person is charged with an offence, a decision needs to be made about whether they will be released on bail while the matter proceeds through court, or held in custody. Bail decisions can be made by police at the time of charge, or later by a court, and take into account factors such as the seriousness of the offence, any criminal history, and the risk of further offending or failing to appear.
If bail is refused or granted on conditions that are difficult to meet, there are options to apply to a court for bail or to seek a variation of existing conditions. These applications need to be prepared carefully, as an unsuccessful application can affect later attempts.
What could it mean for me?
- Being refused bail means remaining in custody until the matter is finalised or bail is later granted.
- Bail conditions can affect where you live, your ability to work, and contact with certain people.
- A bail decision can be revisited later in the proceedings if circumstances change.
- Breaching bail conditions can lead to bail being revoked and further charges being laid.
- The strength of a bail application often depends on matters such as accommodation, employment and community ties.
What are my options?
- Applying for bail before a magistrate or judge with supporting material addressing the relevant concerns.
- Proposing suitable bail conditions, such as reporting requirements or surety arrangements.
- Seeking a variation of existing conditions that have become unworkable.
- Preparing a further application if circumstances change after an earlier refusal.
- Addressing any specific risk factors raised by police or the court in previous proceedings.
What happens next?
- Gather supporting material such as proof of accommodation, employment or family support.
- Identify anyone willing to act as a surety or provide a supporting reference, if relevant.
- Discuss with your lawyer the specific concerns likely to be raised about bail in your matter.
- Attend the bail hearing, or have your lawyer appear, prepared to respond to those concerns.
- Comply strictly with any conditions granted to avoid jeopardising your bail.
How can MGE Lawyers help?
We prepare bail applications by identifying the specific concerns likely to be raised in your matter and addressing them directly with practical, well-supported material, such as evidence of accommodation, employment or family support.
Where bail has already been refused or conditions are unworkable, we assess whether a further application or variation is appropriate and help put together the material needed to support it.