A brief introduction to the bail system in New South Wales, Australia: a case study of New South Wales, Australia. The law related to the bail system is the bail Act 2013 Bail ACT 2013.
Application time for bail
The time to apply for bail is usually after being arrest by the police, and after being received by accusation.
Application subject for bail
With regard to the subject of the application, first of all, the police may take the initiative to approve bail. However, the police may not approve bail.
Once this happens, the defendant needs to apply to the court himself.
Until bail is allowed, the defendants will be held in prison, (In Custody).
Number of requests for bail
Usually, bail can only apply once. However, if the bail is rejected, it can be reapplied if it is one of the following:
- For the first time, there is no lawer for bail;
- There is new evidence that bail is available;
- (B) under 18 years of age and as a first-time offender;
- In other cases, there is a change.
If rejected again, you can apply to the Superior Court of Justice (Supreme Court) for bail. In general, you need to wait 7 to 14 days to get notice of the bail trial.
Types of bail
According to section 16 of the bail Act, there are two types of bail:
- Conditional bail;
- Unconditional bail.
Conditional bail, usually requires the applicant to provide a certain amount of security, the court will also attach some other conditions. Such as:
- Report to the police station on time;
- It is prohibited to go out for a specific period of time;
- Wear electronic leg shackles.
Bail approved procedure
The court typically goes through two steps with regard to the approval procedure for the bail:
Step 1 "Show Cause" Offences (offence for which bail is required to be justified)
If was acciused's charges are serious, Indictable Offences, courts such as murder, rape will need to examine whether a defendant on a specific: was acciused charge can justify the injustice in custody.
In addition to the more serious charges above, there are also charges involving terrorist organizations.
If the defendant fails to specify, the bail will not be approved. If the cause of injustice can be explained, the court goes to the second step.
Step 2 "Unacceptable Risk" Test (unacceptable risk testing)
If the defendant is not charged with the Show Cause charge, or if the accused Show Cause charge can prove that the detention is unfair, the court needs to examine whether there is an unacceptable risk after the defendant bail.
If there is such an unacceptable risk, the bail. If not, the court will have to re-examine the need to attach bail conditions to address post-bail concerns.
Unacceptable risks typically involve the following situations:
- The defendant cannot appear in court on time;
- Other crimes will be committed by the accused;
- The accused constitutes threat for the safety of the victim, other individuals and the community;
- The defendant may interfere with the collection of witnesses or evidence.
Once the police have not voluntarily approved the bail, the defendant needs to apply to the court himself. Application for bail requires filling out forms, submitting evidence, and a series of procedures involving bail hearings, which are complex. Especially in some cases, serious cases, more serious cases, but also increased the difficulty of successful bail application.
If you need to apply for bail, you can contact Australian Legal. We have a professional criminal case handling lawer to assist you in completing your bail application.
If you want to learn more about law, you can contact us at Parramatta, and all the staff will serve you wholeheartedly!
Contribution: O'Gil legal
Address: Suite 1, Level 2,1111 13 Aird Street, Parramatta, NSW, 2150
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