Bail – Been Arrested? – Want BAIL?


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You get arrested, bail refused by police and appearing in Court for a bail application, Oxford Lawyers are your bail specialists.

Major changes have been implemented to the bail laws, with the introduction of what is known as ‘Show Cause’ provision and a two-step test. Section 16A of the Bail Act 2013 introduced the additional requirement of Show Cause, in which you must show why your detention is not justified. Simplified, it means that you need to prove to the Court why you should be released on bail rather than remaining in jail. However, this only needs to be proven on the balance of probabilities.

Once this is proven, the Court must then consider the risk you pose to the community, whether you will appear before the Court and whether you will commit any further offences whilst on bail. If these risks can be sufficiently mitigated by bail conditions, you will be granted bail.

The show cause provision does not apply to all offences. It only applies to the following offences:

  • An offence that is punishable by imprisonment for life,
  • A serious indictable offence that involves:
  • sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or
  • the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,
  • A serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,

Any of the following offences:

  • a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,
  • an indictable offence that involves the unlawful possession of a military-style weapon,
  • a serious indictable offence under the Weapons Prohibition Act 1998 that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,
  • An offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,
  • An offence under Part 9.1 of the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,

A serious indictable offence that is committed by an accused person:

  • while on bail, or
  • while on parole,
  • An indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,
  • A serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,
  • A serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section.

Under the new Bail Act 2013, you only have one shot at getting bail in the Local Court. If you don’t get bail in the Local Court, you will be locked up for a long time before you get another chance. We will act efficiently and expeditiously to ensure your matter is listed before the court for a bail application. The laws relating to bail are complex and continuously changing. If you have been arrested or called in for a police interview, you should contact our Oxford Lawyers Criminal Law experts. We can:

  • Advise you of all your rights
  • Explain to you what you have been charged with
  • Discuss alternatives
  • Make a bail application on your behalf
  • Vary your bail conditions.
  • Remove bail conditions.

If you are going to court for a Bail Application, don’t take the risk, call an Oxford Lawyers Criminal Lawyer to maximise your chances.

Our principal, Mr Zemarai Khatiz has distinguished himself as an expert at Bail Applications in the Local, District and Supreme Courts. He routinely achieves bail in unwinnable applications in the Supreme Court and is an expert on the latest case law relating to Bail Applications.

The odds are against you getting bail for certain offences – mainly serious drug offences, firearm offences and offences of violence including sexual assault offences, murder and robbery. For serious drug offences, firearm offences and offences of serious there is a presumption against bail, and we need to put up a good fight and attack the strength of the prosecutions case. It is absolutely imperative that you have a Legal Representative from Oxford Lawyers on your side for Bail, because the only other option is probably a couple of months on remand.

We can provide advice about all aspects of Bail Applications, including arranging surety, establishing community ties, negotiating conditions with prosecutors and attacking the strength of police the case.

Nobody likes spending time in jail. Make sure you get your Bail Application right the first time. Call one of our experienced bail Criminal Lawyers now for a consultation.

“Senior Counsel told me that there was a 1% chance of bail, Zemarai Khatiz got me bail in the Supreme Court. I would not go to any other lawyer for bail”.

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