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Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail. If you are not granted bail, you will be remanded – to be ‘on remand’ means you are waiting in prison for your legal matter to finish.
When you are first taken into police custody, the police may decide to release you on bail. If they don’t release you from custody, they must take you before a bail decision-maker within a certain timeframe. In the first instance, you may apply for bail before a bail justice or justice of the peace – this often happens if you are taken into custody at times courts are not open/operating (for example, at night or over the weekend). If the bail decision-maker does not agree to release you on bail, you will then be presented before a court.
When you are first taken into custody, you would have had the opportunity to ask to be released into the community on bail. The person who decides whether you can stay in the community may be a justice of the peace, a bail justice, or a magistrate. The person making the decision will hear about what the police say you have done and information about previous times you have been in trouble with the law.
Yes.
If you were refused by a bail justice, you can apply for bail from a magistrate.
If bail is refused by a magistrate, the law for applying again varies slightly depending on the jurisdiction. In practice you can apply again, but you’ll likely need new material information and/or a change in circumstances to be allowed to do so (and to be successful).
There’s no definitive answer, but these could include:
If you think any of the above may be relevant to you, it is recommended you seek advice from a lawyer. In practice, the challenge is not only to show the Court that there are new facts or a change in circumstances, but also that the change is so significant as to overturn an earlier ruling. If you do have a chance, your legal preparation must be comprehensive and backed by evidence.
There’s also an option to appeal or review a magistrate’s decision to the Supreme Court. The application will be treated as a fresh application. If the appeal to the Supreme Court is unsuccessful, you can still make further applications for bail. You just need to provide new material or a change in relevant circumstances.
The rules about bail are different depending on which state you are in. You should talk to your lawyer so they can give you advice about what rules apply to you.
The person deciding about your bail will be thinking about many things, including:
You will also have the chance to talk about things relating to the connections you have in the community:
You should make sure any bail decision maker (police officer, judge, bail justice, magistrate or justice of the police) are aware of your Aboriginality when you are asking to be released on bail.
This is information the decision-maker can take into consideration when making the decision about whether or not you can be released from custody.
The police should also notify the relevant Aboriginal services in your state or territory if you are being held in police custody. You may also be able to get free legal advice from your local Aboriginal legal service – contact details are below.
Bail is a promise you can make that you will return to court. It means you can stay in the community (instead of jail) until your legal matters finish. If you are being held in custody and you haven’t been found guilty, you may be able to apply for bail. If you are not granted bail, you will be remanded – to be ‘on remand’ means you are waiting in prison for your legal matter to finish.
When you are first taken into police custody, the police may decide to release you on bail. If they don’t release you from custody, they must take you before a bail decision-maker within a certain timeframe. In the first instance, you may apply for bail before a bail justice or justice of the peace – this often happens if you are taken into custody at times courts are not open/operating (for example, at night or over the weekend). If the bail decision-maker does not agree to release you on bail, you will then be presented before a court.
When you are first taken into custody, you would have had the opportunity to ask to be released into the community on bail. The person who decides whether you can stay in the community may be a justice of the peace, a bail justice, or a magistrate. The person making the decision will hear about what the police say you have done and information about previous times you have been in trouble with the law.
Yes.
If you were refused by a bail justice, you can apply for bail from a magistrate.
If bail is refused by a magistrate, the law for applying again varies slightly depending on the jurisdiction. In practice you can apply again, but you’ll likely need new material information and/or a change in circumstances to be allowed to do so (and to be successful).
There’s no definitive answer, but these could include:
If you think any of the above may be relevant to you, it is recommended you seek advice from a lawyer. In practice, the challenge is not only to show the Court that there are new facts or a change in circumstances, but also that the change is so significant as to overturn an earlier ruling. If you do have a chance, your legal preparation must be comprehensive and backed by evidence.
There’s also an option to appeal or review a magistrate’s decision to the Supreme Court. The application will be treated as a fresh application. If the appeal to the Supreme Court is unsuccessful, you can still make further applications for bail. You just need to provide new material or a change in relevant circumstances.
The rules about bail are different depending on which state you are in. You should talk to your lawyer so they can give you advice about what rules apply to you.
The person deciding about your bail will be thinking about many things, including:
You will also have the chance to talk about things relating to the connections you have in the community:
You should make sure any bail decision maker (police officer, judge, bail justice, magistrate or justice of the police) are aware of your Aboriginality when you are asking to be released on bail.
This is information the decision-maker can take into consideration when making the decision about whether or not you can be released from custody.
The police should also notify the relevant Aboriginal services in your state or territory if you are being held in police custody. You may also be able to get free legal advice from your local Aboriginal legal service – contact details are below.
Being released on bail can be a stressful and confusing time. Here are some answers to common questions – and where you can get more information about your bail conditions.
When you are released on bail you might be subject to certain ‘conditions’ – these can be things you have to do (such as living at a particular address), or things you can’t do (such as being out after a specific time at night).
What you must and mustn’t do depends on your conditions. These will be read out to you at your bail hearing and a copy should be provided to you when you leave custody. Your lawyer should also send you a copy and will be able to answer questions you have. The police and the court will also have a copy of your conditions.
Even if you have been on bail before, you must check your bail conditions carefully as they probably will be different to the last time you were on bail. You should speak to your lawyer as soon as possible after your bail application to make sure you understand the conditions.
This depends on your case. Usually, you will remain on bail until your case is finished (when the charges are withdrawn, you plead guilty, or are found guilty/not guilty).
Your bail conditions are a court order – this means to change them, or have conditions taken away, you must apply to the court. This means a magistrate or judge will be the person who decides whether you can change your bail conditions.
If you want to change your bail conditions, you should speak to a lawyer immediately. They can help you send the paperwork to the court and let the police know you would like a change.
Often it takes several days to get a court date. It may be faster if the police are planning to say yes to your change. You should ask your lawyer to speak to the police about the change to see if they will agree or disagree with what you are asking for.
You can be charged with another offense every time you don’t do what you are meant to do on bail. You can also have your bail ‘revoked’, which means you may return to custody. This is why it is very important to let your lawyer know if you are having any issues while you are on bail.
If you don’t have a lawyer but would like legal advice, please contact either the legal aid commission of the state and territory you are in, or the Aboriginal legal service if you identify as Aboriginal and/or Torres Strait Islander.
If you have any further questions, please send them to us and we will endeavour to answer them! Note we cannot provide individualised legal advice, only information.
Being released on bail can be a stressful and confusing time. Here are some answers to common questions – and where you can get more information about your bail conditions.
When you are released on bail you might be subject to certain ‘conditions’ – these can be things you have to do (such as living at a particular address), or things you can’t do (such as being out after a specific time at night).
What you must and mustn’t do depends on your conditions. These will be read out to you at your bail hearing and a copy should be provided to you when you leave custody. Your lawyer should also send you a copy and will be able to answer questions you have. The police and the court will also have a copy of your conditions.
Even if you have been on bail before, you must check your bail conditions carefully as they probably will be different to the last time you were on bail. You should speak to your lawyer as soon as possible after your bail application to make sure you understand the conditions.
This depends on your case. Usually, you will remain on bail until your case is finished (when the charges are withdrawn, you plead guilty, or are found guilty/not guilty).
Your bail conditions are a court order – this means to change them, or have conditions taken away, you must apply to the court. This means a magistrate or judge will be the person who decides whether you can change your bail conditions.
If you want to change your bail conditions, you should speak to a lawyer immediately. They can help you send the paperwork to the court and let the police know you would like a change.
Often it takes several days to get a court date. It may be faster if the police are planning to say yes to your change. You should ask your lawyer to speak to the police about the change to see if they will agree or disagree with what you are asking for.
You can be charged with another offense every time you don’t do what you are meant to do on bail. You can also have your bail ‘revoked’, which means you may return to custody. This is why it is very important to let your lawyer know if you are having any issues while you are on bail.
If you don’t have a lawyer but would like legal advice, please contact either the legal aid commission of the state and territory you are in, or the Aboriginal legal service if you identify as Aboriginal and/or Torres Strait Islander.
If you have any further questions, please send them to us and we will endeavour to answer them! Note we cannot provide individualised legal advice, only information.
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