What Are Your Chances Of Getting Bail In A Serious Criminal Case In Sydney?

Being arrested for any allegation of a serious crime is a frightening, daunting and terrifying experience.

It is a time when you are likely to be highly emotional and not thinking clearly.

Being informed that you have been refused bail by the Police and are going to be appearing in court can be highly distressing.

In virtually all cases people in these situations want to make an application for bail to be released from custody or face the reality that you will be taken away to goal pending the determination of your matters.

Because your liberty is at stake, and you only have one immediate chance of applying for bail (Subject to ‘change of circumstances pursuant to s74 of the Bail Act 2013.)

It is therefore imperative that you make your bail application with all necessary preparation and do everything you can to bring all relevant materials to increase your chances of getting bail.

For this reason, having an experienced Bail Application Lawyer in Sydney is essential for navigating the bail process effectively and professionally.

Should you be unlucky to be charged with charges that enliven the ‘Show Cause’ provisions of ‘The Bail Act’ pursuant to s16B you will have to demonstrate why your ‘ongoing detention is not justified.’

Examples of ‘Show cause offences’ include offences where you are changed with:

• An offence that is punishable by imprisonment for life.
• A charge of sexual intercourse without consent with a person under 16 years of age by a person who is above 18 years of age.
• A ‘Serious Domestic Violence Offence’ being an offence that has a maximum penalty of 14 years imprisonment or more.
• A ‘Serious Indictable Offence’ that is committed by an accused person whilst subject to existing bail or whilst on parole.
• An offence under the ‘Drug Misuse and Trafficking Act 1998’ that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of the Act.

Ways which ‘Show cause’ are addressed include:

• Lack of appropriate medical treatment in custody should the accused have a particular medical condition requiring particular treatment.
• Mental Health.
• The applicant may not receive a period of full-time detention even if convicted of the offences.
• The strength of the prosecution case.
• Their first time in custody.
• Youth.
• The length of time they are likely to spend in custody pending trial.

Should the ‘Show Cause’ hurdle be overcome the applicant then further needs to overcome the ‘unacceptable risk’ test pursuant to s19 of the Bail Act 2013.

In essence the court will determine whether the proposed bail conditions can sufficiently mitigate any of the ‘risks’ that the prosecution raise pursuant to s19 of the Bail Act 2013.

These risks include:

• Failure to appear, or
• Commit a serious offence, or
• Endanger the safety of victims, individuals or the community, or,
• Interfere with witnesses or evidence.

What we do at Oxford Lawyers

At Oxford Lawyers we will look at any weaknesses that exist in the prosecution case.

We will look at whether there is a defence against the alleged conduct? Is there a deficiency or weakness in the prosecution case that allows us to submit that the case against the accused is not a strong one.

We will look at gathering detailed information about the accused person including any possible mental health or physical health issues that may require supporting medical materials to bolster the strength of the bail application.

We will speak to family members and prepare materials including Affidavits of support to give the court comfort that the Applicant has a supportive environment that is conducive to compliance to proposed bail conditions and that the applicant is likely to abide by them.

We will contact the officer in charge and seek their views and what proposed bail conditions they may request as sometimes the officer in charge will consent to bail being granted and this makes the process so much easier.

We will do everything that is within our abilities and powers to ensure that no stone unturned and everything is done to prepare for and appear at the bail application to maximize the chances of getting bail.

As experienced Criminal Lawyers in Parramatta, our team understands how to craft persuasive arguments and provide thorough documentation to give you the best chance of success.

What are my chances of getting bail

Ultimately so many factors come into play whether someone is granted bail.

The seriousness of the charge and the strength of the Crown case is obviously a very important factor.

Further factors include the accused criminal history or lack thereof. Needless to say, somebody with no or a little criminal history will have a much better chance of getting bail then someone with a long criminal history.

Whether someone has a history of compliance with court orders. Someone who has a criminal record but has abided by bail conditions and bonds without incident has a better chance of getting bail than someone with multiple breaches of bail and history of disobeying court orders.

Strong community ties. It is helpful to establish the accused has a strong community where possible and that includes employment, family, community connections such as sporting or hobby groups and participation in any religious groups are all examples of strong community ties.

How well prepared you are and how well your lawyer has considered and drafted proposed bail conditions is extremely important.

Should you or a loved one be arrested for any crime you don’t want to take a risk on doing it yourself or having substandard representation as you may only get one shot at bail.

Contact Oxford Lawyers immediately and our criminal law experts will know what to do to give you the best chances of getting bail granted.