When Can I Be Granted Access to Bail?

A defendant can apply for bail anytime, but only up until the final appeal. Unfortunately, defendants who are sentenced prisoners already will have a nigh on impossible time asking for bail without a grant of parole. 

That said, there are certain presumptions under the Bail Act 1992 which allow a person to be presumed to be able to be granted bail. For example, any individual may be presumed to be granted bail should they meet the following criteria:

• The accused has been charged with a criminal offence not punishable by imprisonment
• The accused has been charged with an offence punishable by imprisonment for only 6 months
• The accused has been arrest for a breach of the peace
• The accused has been required to attend a hearing due to a habeas corpus order
• The accused under a warrant due to failure to comply with the subpoena

Note: Bear in mind that your chances of receiving a bail will depend largely on the type of the offence you have been charged with, along with your criminal history. 

Are there any bail conditions? 

The law dictates that bail can be granted either conditionally or unconditionally, depending on the offence and circumstances. It’s best to remain aware of your bail conditions, however, which could include the following for example:

• The accused must surrender their passport
• The accused must stay from specific areas and people 
• The accused must report to the police regularly
• Should be deemed necessary, the accused must enter and attend a drug treatment program
• The accused must reside at a specific address during court proceedings
• The accused must appear in court whenever summoned or directed

Yes. For example, a person who fails to appear before the court on a set date and time may have bail revoked and a warrant issued for their arrest. If you wish to counter this, you will be asked to provide the court with a reasonable excuse, which should detail the reason behind the failure of appearance, especially when charged with an offence for failing to appear.

A person failing to appear may also face the consequence of a revoked bail, making it even more difficult for you to gain access to bail in the future. Any security you may have gained will also be forfeited. 

Although bail is a right granted to many, getting it can be difficult in many cases, especially since the Magistrate or Judge needs to assess your eligibility for bail. Bear in mind that gaining access to bail does not cut the complexity of your case, as you need to tread carefully to ensure that your privilege remains intact. That being said, the help of a lawyer is arguably necessary.

If you’re on the hunt for a criminal law firm in Canberra, Andrew Byrnes Law Group is ready to assist. As lawyers committed to the highest quality service and achieving justice, we’ll help you come up with strategies that will give you the best chance of getting the best possible result. Reach out to our fearless team—get a free consultation today.