Exceptional Circumstances For Bail- How Can A Lawyer Help?

April 6, 2023    criminaldefencelawyersperthwa
Exceptional Circumstances For Bail- How Can A Lawyer Help?

When an arrested individual pays an equal collateral stipulated by the court, the court gets him free. This process is named bail. In this prospect, a bail lawyer is integral in legalising a bail application.

Demanding the liberty of a person who has been proven guilty is daunting. Often you can get charged a high-security amount. On the other hand, there are a few exceptions as well that you need to understand before appealing for bail. Also, releasing from jail does not ensure that you are free from all the judicial reviews.

Therefore, the blog has highlighted all your ideas concerning bail. It has identified a lawyer’s contribution in figuring out the ways to get bail without any tanglings.

How Does An Accused Individual Apply For Bail?

Bail primarily conceptualises the appeal of someone’s liberty from the four walls of a jail in ex-chance to some security payment and a written undertaking. In the written undertaking, the accused person is supposed to take an oath that he or she would appear in court in case of any such allegation of criminal offending.

The bailed person also has to agree to some of the conditions stipulated by the police or the court. If they fail to fulfil any of the conditions, the court can forfeit a deposit from them—for any reason. If you need to apply for bail, then you can follow the mentioned application procedures.

  • Watch-House Bail

The watch-house bail is offered by the court in case an individual has committed a minor offence. In this aspect, the suspects are placed under temporary arrest. They are called for in the court session on a specific date when they can appeal for their bail extensions.

  • Directly Apply In The Court.

If you deny the watch-house bail, you can directly apply for bail in court. If the court approves your application, you are allowed to leave. However, it is necessary for you to report to the nearest police station daily.

In this complicated and sequential matter, you can take the assistance of the bail application lawyer, as any fault in your application can restrict you from getting bail. A resourceful layer can always help you secure your bail application.

However, there are several other needs that you are required to satisfy to get your bail approved. The accused person needs to fulfil the demand of the bail decision maker as well as the existence of exceptional circumstances.

When Can Exceptional Circumstances Arise?

The exceptional circumstances are those that are not specifically mentioned in the Bail Act 1977. The Bail Act 1977 generally governs an accused person to grant bail under a few conditions. The act defines that all the defendants would get bail except for those who have committed an imprisonable crime.

However, unlike showing compelling reasons, exceptional circumstances have a threshold for bail. There are several elements that can make the offence fall under this exceptional circumstance, where the bailing procedures will also vary. One or more variables from below can be accounted for as an example of exceptional circumstance.

  • Weak prosecution case
  • Personal circumstances
  • Invalid factors showing that the applicant was an unacceptable risk
  • Pandemic
  • Inordinate Delay
  • Victim Forgiveness
  • Hardship, such as an aged person or ill health.
  • Exceptional Family Hardship
  • Assisting Authorities
  • Different offending
  • Stable accommodation
  • Extreme Provocation
  • When dealing with a child.
  • Character
  • Minor offending
  • Any vulnerability
  • Stable employment
  • Treatment programs

The bail in such cases encounters a “reverse onus”. Even after an approved bail, the suspect has to bear the burden of satisfying the judiciary. In all such cases, exceptional circumstances can arise. The court can deny the bail if the crime committed falls under this category. In this typical state, a lawyer for bail application can provide you with deep knowledge about your bail application. They also can help you reach liberty no matter how stringent the conditions are.

Which Categories Of Crime Come Under Exceptional Circumstances?

Even though the exceptional circumstances come with certain restrictions in bailing, experienced and resourceful lawyers from the criminal defence lawyers Perth can help you deal with them on legal grounds.

Under exceptional circumstances, there are schedule 1 and 2 kinds of offences. The details are mentioned below.

Schedule 1 Crime

Schedule 1 crimes are-

  • Murder.
  • Treason
  • Aggravated home invasion
  • Aggravated carjacking.
  • Drug trafficking
  • Cultivating a narcotic plant

Crimes under Schedule 1 are the most serious kinds. Therefore, the application can also get denied if the accused individual has committed a Schedule 1 crime.

On the other hand, if the offender who was on bail for a crime they have committed under Schedule 1 or 2 commits another Schedule 2 crime, then they would also be subject to an exceptional circumstance test.

Schedule 2 Crime

The offences in Schedule 2 are-

  • Homicide by firearm
  • Causing serious injury to someone due to self-recklessness.
  • Intentionally causing serious injury to someone.
  • Child homicide
  • Manslaughter
  • Stalking
  • Threat to kill
  • Sexual offence.

When the suspect was on bail from an indictable crime, the commitment of another indictable offence is also addressed as the Schedule 2 offence.

What Are The Compelling Reasons?

When a person is accused or taken into custody for committing a Schedule 2 offence, he or she requires to establish compelling reasons. Similarly to the term’ exceptional circumstances, there have been massive judicial interpretations of ‘compelling reasons’ for the purposes of approving a bail decision.

The ‘compelling reason’ involves a few relevant circumstances.

  • The strength of the personal circumstances
  • The prosecution case
  • The criminal history of the accused.

All these factors must compel the final words that detention is not justified if there happens to be a forceful yet convincing reason showing that in all the circumstances, it would show that the continued detention of the bail applicant is unjustified.

However, the applicant is not required to show a valid reason that is exceptional or irresistible. A ‘compelling reason’ thus can be explained as something that is ‘difficult to resist.’ Apart from that, the criminal lawyers Perth can speak on your defence and establish your rights so that the ground of your bail appeal can be protected.

What Considerations A Bail Decision Maker Has To Take While Releasing The Accused?

The bail decision maker has to consider surrounding circumstances while he is considering either the tests on showing compelling reason or exceptional circumstances. The act follows the section 3 article for accomplishing the considerations.

The surrounding circumstances that come under Section 3 include the following.

  • Judging the seriousness of the committed offence.
  • Strength of the prosecution case.
  • The arrested one’s criminal record history.
  • Whether the offender has been bailed for any other violation ever before.
  • For another offence, they were summoned to answer.
  • Was ever released under parole order.
  • Whether a family violence intervention was made against the arrested individual.
  • If a family violence safety notice is ever issued.
  • A recognised DVO was ever made against him or her.
  • The accused has a unique vulnerability.

The decision maker might take this into consideration but approve a bail application. In this regard, the decision maker is also liable for concern if the released offence can impose an unacceptable threat.

What Is An Unacceptable Threat?

An unacceptable threat is the second stage of the bailing process. After the showing of compelling reasons and exceptional circumstance ends, then it is determined if the accused can cause any risk when released. The criminal lawyer Perth also provides adequate assistance to pass these investigations.

The act is defined by the section 4E article, where the unacceptable risk is mentioned.

  • The accused is capable of endangering the welfare of others.
  • He or she can commit another offence at the time of bail.
  • Obstruct the course of justice in any way.
  • Interfere with a witness.
  • Denies surrendering the custody in accordance with the bailing conditions.

Apart from that, there are various other conditions that can restrict your bail application. In this regard, your residential requirement and curfew can be one of the conditions. Moreover, you have to report to the police station nearby to your address regularly.

On the other hand, you would also be restricted from seeing any of your witnesses in the course of time. Therefore, a multiple set of conditions will be placed before you if you apply for bail. Similarly, the significant number of verifications and steps can also delay your bail.

In this aspect, the bail lawyer can be your saviour. The best lawyers from Perth can help make consistency with the pre-existing conditions of the bail. Meeting the layers directly can help you solve your bailing issue faster. They can help you with all the complex shapes of bailing to set you free from custody.


As the blog described, due to ample pre-existing conditions before bail, the accused individual has to get in touch with the court. In this aspect, solicitors from criminal defence lawyers Perth can help you as they have a high level of knowledge and experience. They can provide easy solutions to avoid all the complications and achieve your liberty.

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