What Is Bail?

When a person commits an offence, the Police, or alternatively the Court, may require that the accused sign a written undertaking to ensure their attendance at their next Court date and compliance with any conditions the Court deems appropriate.


What conditions can be imposed?

The conditions vary depending on the severity of the offence with which a person is charged, and can range from a mere undertaking, to home detention conditions and curfews.

It is possible to vary your Bail conditions in certain circumstances, if the criteria in the Bail Act are met and the Court is satisfied that the varied conditions sought are appropriate.

In the event that the Court refuses to grant you bail, it can be difficult to obtain bail at a future date.  You will only be granted bail on a subsequent occasion if you can demonstrate that there has been a change in circumstances since the last application or, on if you successfully appeal of the Court's decision to refuse bail at the first instance.

Dwyer Durack's Criminal lawyers understand the importance of obtaining all the relevant material required for a Bail Application to have the best possible opportunity of success.


Schedule 2 offences

If you are on bail for a serious offence, then you are alleged to have committed another serious offence, the Bail Act states that you must raise exceptional circumstances to be granted bail again.  It is important to note that a breach of Family Violence Restraining Order is deemed a Serious Offence.

Exceptional circumstances is very difficult to satisfy and requires significant preparation and submission to the court to be granted. Dwyer Durack can advise you in relation to your prospects of being granted bail, and the documentation which will assist with your Bail application if appropriate.

Need Advice?

Need Advice?

For more information, get in touch with our team of lawyers at Dwyer Durack today.