Choosing the right lawyer for your bail application could mean the difference between being granted your freedom and being held in custody for a long time before trial or sentence.
Bail Applications in Western Australia
What is bail?
Bail is the conditional release of an accused person from custody with the promise to re-appear in court to answer their charges when required.
Bail may be with or without a surety (a surety agrees to pay a fee to the court if the accused person does not show up for their next court hearing), and with or without conditions.
When does an individual have to apply for bail?
When a person is charged with an offence, the police (charging officer) must first consider if that person should be granted bail. If the accused is refused bail, then they can apply to a court for bail. This involves an application to a magistrate who will decide whether to grant or refuse them bail. If bail is refused again, they can then apply to the Supreme Court for bail.
Should I hire a lawyer for bail?
A bail application is an important step in any criminal matter and must be dealt with correctly. The law in the Bail Act regarding bail applications is complex, and there is a significant amount of case law regarding bail applications and various conditions that can be imposed on you; we recommend having a lawyer to represent you. Porter Scudds will make sure you have the right materials and a written legal submission to put before the court when applying for bail.
IMPORTANT: You should not rush your bail application. If your initial application is unsuccessful, then it becomes far more challenging to reapply for bail. It is essential that your lawyer has your full background and supporting documents before making an application for you. However if the prosecution/police consent to you being granted bail, your application to the court will not be delayed.
Western Australian criminal law firm Porter Scudds has extensive experience in bail applications, and have a proven history of having obtaining bail for clients. This includes having bail granted for persons with charges of grievous bodily harm and serious violence offences, possession of large amounts money, along with charges of both possessing and importing moderate to huge amounts of drugs (multiple kilograms).
We can assist you in your preparation for your bail application and will represent you in your application before the court. We can also make the relevant written and oral submissions to the court to support your bail application.
The cost of a bail application depends on the complexity of the application.
What is the meaning of bail (bail meaning)?
Bail is the conditional release of an accused person from custody with the promise to re-appear in court to answer their charges when required. It can be with or without a surety and with or without conditions. The Bail Act controls the release of persons on bail in WA.
Where are bail applications held?
Most bail applications are dealt with in the Magistrates Court
What happens if someone breaches their bail conditions?
You can still apply to have your bail reinstated.
What can a person do if refused bail?
You can apply to a higher court, or if there is a change of circumstances, you can apply to have bail reconsidered.
What are bail conditions?
Conditions on bail may include residential conditions, a surety, reporting to police, not approaching an airport, surrender a passport, not to contact someone, visit a location and a curfew.
Can I change my bail conditions?
You can change your bail conditions by application to the court, but you must have a good reason.
Can you bail yourself out of jail?
Bail can be with or without surety, depending on the seriousness of the offence/s. If there is no surety, you can bail yourself out.
What is a surety?
A surety is a person like a friend or a parent who agrees to pay a certain sum of money if you fail to appear in court. They usually have to own an asset like a house with equity in it to cover the surety amount.
What are the bail guidelines or rules?
The jurisdiction of a magistrate or judge to grant bail is defined in the Bail Act, along with the factors or criteria for assessing a bail application. The way to assess a bail application is also found in the judgements of the Supreme Court in other cases.