Bail Variation

Timeframes for a bail variation application can vary. Straight forward applications may be heard within a couple of weeks. However, more complex ones can take longer, especially if the prosecution opposes the change or if further evidence is needed.

• Yes.

Even if the variation seems minor, the court will need to formally approve any change to your bail conditions. You, or your lawyer will attend on your behalf at the hearing.

Technically you do not need a lawyer for a bail variation application, however it is strongly recommended. At Brightstone defence, we will;

• Assist in affidavits
• Ensure that your application is legally sound
• Represent you in court
• Deal with any opposition from police or prosecutors

It is advisable to seek legal advice as early as possible when considering a bail variation. At Brightstone defence, we can provide guidance and help you navigate the process effectively.

A bail application is a request made to the court by a person who has been arrested and is in custody, asking to be released from custody until their trial or hearing. Bail is typically granted with conditions to ensure the accused person attends court, does not commit further offences, and does not interfere with witnesses or the investigation.

Bail can be granted at the police station, at the Local Court, or at higher courts like the District or Supreme Court, depending on the circumstances.

Any person who has been arrested and detained by the police or remanded in custody can apply for bail. This includes:

• People charged with criminal offences who are in custody.
• People awaiting trial, sentencing, or appeals.
• People who have been refused bail by police can apply to the Local Court or a higher court (District or Supreme Court).

Yes, bail can be refused in certain circumstances. The court may refuse bail if:

• The accused is charged with a serious offence, such as murder, armed robbery, or serious drug trafficking.
• There is a risk of flight (the accused may leave the jurisdiction to avoid trial).
• The accused poses a risk to public safety or is likely to commit further offences while on bail.
• The accused has a history of breaching bail or other legal orders.
• The court determines that there are reasonable grounds to believe the accused will interfere with witnesses, destroy evidence, or obstruct the investigation.

• A “show cause” bail application is a specific type of bail application that applies to certain serious offences. In this case, the burden is on the accused to "show cause" (prove) why they should be granted bail.

The time it takes to be granted bail can vary depending on the circumstances:

• If bail is granted at the police station, it can happen quickly (often within a few hours).
• If bail needs to be applied for at court, the process can take longer. The application will typically be heard within a few days, but urgent bail applications may be heard more quickly.
• If a show cause application is involved, it may take longer as the court will need to consider the more complex issues involved.

Yes, it is possible to apply for bail after conviction but before sentencing, although bail is not automatically granted in these cases. The court will consider factors such as:

• Whether the accused is likely to comply with the sentencing process.
• Whether there is a risk of reoffending before sentencing.
• Whether the accused poses a risk to public safety.
• Whether there are any exceptional circumstances that would justify granting bail (e.g., health concerns).

Yes, a bail refusal can be appealed. If bail is refused by the Local Court, the accused can appeal the decision to a higher court (District or Supreme Court). Similarly, if bail is granted with conditions that are too strict or unfair, the conditions can be challenged and modified through an appeal.

A surety is a third party who agrees to be financially responsible for ensuring the accused adheres to the terms of their bail. If the accused breaches bail conditions, the surety may be required to pay a specified amount of money (financial guarantee).

Our criminal defence team can prepare and submit your bail application, advise on show cause requirements, and represent you at court hearings.

You can contact Brightstone Defence to book a consultation and receive expert advice on your bail options.