Are you being questioned or investigated by the police?
We will discuss important elements of making a proper application for bail and discuss the meaning of a â€˜show causeâ€™ position in line with the Bail Act 1980. Before we do we cannot stress how extremely important it is to seek specialist legal advice as soon as possible. Cullen Lawyers will take your call free of charge in circumstances that you are being questioned, being investigated or being arrested by police.
WHAT TO CONSIDER IF APPLYING FOR BAIL
There may be many factors that are relevant to an application for bail for the Presiding Magistrate to consider. There are different circumstances in every case and each case varies in seriousness of the allegations and circumstances of the accused person.
We understand that you want bail as soon as possible. In some cases, it may be more beneficial to seek a short adjournment to ensure that you put the appropriate material before the court to satisfy the Presiding Magistrate that you are not an unacceptable risk to be granted bail.
The most important elements for the Presiding Magistrate to consider in assessing whether you are an unacceptable risk if granted bail are:
- Flight- are you likely to abscond or flee if granted bail;
- Reoffending- do you have a poor criminal history or have you previously breached bail;
- Endangering any person- do you pose a threat to yourself or the community;
- Interfering with crown witnesses- Is it alleged that you might threaten or interfere with the evidence of crown witnesses if released on bail.
It is important to prepare the application for bail properly and if possible tender evidence in support of your application addressing the above elements.This along with offering conditions, for example regular reporting, curfew etc. may be enough to ameliorate any perceived risk while on bail. The aim is to satisfy the Presiding Magistrate that you are not an unacceptable risk of being granted bail.
Remember, if you are refused bail you will be remanded in custody, so it is important the application for bail is prepared properly before itâ€™s commenced in court.Bail will most likely be opposed by police if you are charged with a serious offence, have a history of breaching bail or failing to appear at court, or you are in a â€˜show causeâ€™ position.
Prosecutions will then tender an objection to bail Affidavit or formally oppose bail being granted in court. You should seek specialist advice if you find yourself in this position. You will need to prepare a proper application for bail and adduce evidence as to why you should be granted bail and not remanded in custody.
SHOW CAUSE POSITION
Generally, you have prima facie right to bail considering the presumption of innocence. If you are in a show cause position the onus of proof is shifted onto the accused to prove why their detention in custody is not justified. You are in a show cause position, if you are on bail and commit a further indictable offence. You are in a show cause position if it is alleged that the use of a weapon such as a knife or firearm is used in the commission of the offence. These are just some examples of a show cause position and if you are in this situation it is advised that you obtain specialist legal advice before making an application for bail.
Remember, an application for bail should be prepared properly the first time. If you rush into the application for bail you may be refused. You will then be remanded in custody. If you are refused bail, we can help you reassess your prospects for bail. We can help you show a change in circumstance or make an application for Supreme Court bail.
Cullen Lawyers will be there from start to finish. Please call us on 0408 618 461 or 07 3181 4329 now.