Do you need a bail application hearing organised? A bail application is where the evidence is discussed and submissions are made about why a person should get be released from custody.
It is extremely important your bail application is made properly on the first occasion. For example, if the person has psychological problems there should be reports at Court or someone there to give evidence. If someone can pay a surety they have to be there at the bail application.
Some issues that are very important in bail applications are:
- Ties to the community. The Courts often feel more comfortable granting bail if they know that the defendant has support in the community. Family members should come to the bail application to show that they are going to help the accused when they are released.
- The strength of the prosecution case on the bail application hearing. If the Police have over-charged or it is clear that the case is not as straightforward as they are contending, that is an important factor in deciding whether a person gets bail or not.
- The age of the accused. If the accused is very young then granting them bail is considered an important issue by the Court. Equally, a person being very old that is also an important factor in deciding on bail.
- Work history and current employment. The aim of the bail act is generally to ensure a person’s attendance at Court to answer their bail. If a person has a strong work history and current employment then those are important factors on a bail application.
- Health issues. These are very important issues in a bail application. If a person cannot receive satisfactory care in custody or have a need to be out of gaol to access services, their case for bail is strengthened. It is always much better to have reports from the Doctors or other treating practitioners than just to be making the assertion that there are health problems.
- Delay. A number of cases take a long time to get through the Court system. Large drug cases are one example. Bail applications in matters such as these are often done on the basis that the person will have been in prison longer than they would get as a sentence by the time their case is heard.
- Possibility of a surety. A surety is an amount of money that a person puts up to guarantee the accused’s attendance at court if they are released on bail. If the defendant does not turn up to Court, the surety is generally forfeited. If they do turn up to all the hearings after the bail application the surety is discharged.
A surety for a bail application does not have to come up with the actual cash amount. If they have equity in a house, that can be put forward in the bail application. When the accused person is granted bail they then sign paperwork that puts a caveat on the property.
This is not in any ways meant to be an exhaustive list of factors in a bail application . It is just a starting point. On any bail application you need to have a lawyer acting for you who can work out the best strategy that fits the case.
Please continue the tour or ring one of our lawyers now and talk to them about what you have read and how it relates to your case.