Bail Application – ‘Night’ Court
This is a case of bail application for legal matters in a ‘night’ court.
Our client had called us in the morning and sought interview advice. He had been arrested by the police whilst driving his car and was charged with drug possession and driving offences. He was remanded and transported to the Melbourne Magistrates Court that day and we appeared for him in a last minute bail application.
The client was young and had never spent any time in custody before. As the matter was in a ‘night’ court on a Friday afternoon, he ran the risk of spending the weekend in custody if he was unsuccessful on a bail application.
Greer Boe provided the legal representation at the Melbourne Magistrates’ Court. The charges were:
- Possess Drug of Dependence
- Commit Indictable Offence Whilst on Bail
- Possess Controlled Weapon
- Drive Unlicensed
- Fail to State Name/Address on Request
The client had relevant history for drug offences, including possession and trafficking. As his lawyers, we must show how any time spent in custody would not be justified. This is a legal test common in bail applications when people have been charged with new indictable offences whilst on bail. Also, as we had limited personal history and information about the offending, we had to incorporate general and persuasive submissions to show cause for the client. If a client is at risk of spending too much time in custody, this is an excellent submission as to why their time in custody is not justified.
There was a nominal informant at the application who could not provide much detail on our client’s arrest. Therefore we had to rely on submissions surrounding the nature of the offending (arguably not very serious) and the fact that the charges would not warrant a term of imprisonment when and if he was sentenced.
The Magistrate proceeding over the matter ultimately agreed to granting our client bail on condition that he report daily to the police. It was an excellent result especially that the bail application was for legal matters in a ‘night’ court.
Greer has an extensive exposure to indigenous communities and is a fearless advocate. She has been involved in social justice organisations and believes in restorative justice as a pathway to rehabilitation.
Visit Greer's profile to learn more about her.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 12/02/2018