In Western Australia, granting bail refers to an individual who has been charged with an offence being released from custody and into the community. This is when the matter moves through the Australian justice system. If the court refuses bail, the charged individual will be remanded in custody till the matter is finished or another bail application made to the court is successful.
Any application for bail needs to be treated seriously, which is why seeking legal advice and representation from top lawyers is important.
Some of the matters that can be considered by the court when deciding on whether to grant bail or not are as follows:
An accused individual who is granted bail needs to enter into a bail
At times, the court attaches a relevant conditional monetary amount to a bail undertaking. This is to ensure that if the bailed individual does not attend the court as required, they will not only be charged with an offence of breaching bail, but they also need to forfeit the specified money.
There is often a surety condition in any bail undertaking, and this is a legally binding written promise by a third party to give up a specified sum of money if the bailed individual does not attend court as needed. Before opting for a bail application procedure, you must know some important things.
A surety must provide photo identification and other forms of proof that they have the required assets to guarantee the surety undertaking amount. The identity proof can be in the form of a home loan document, bank statement, vehicle registration papers or other things.
Some of the conditions that might be attached to a bail undertaking if the circumstances of the accused and the seriousness of the offence need it. The conditions are as follows:
A bail undertaking will continue until the matter is finalized. If the accused individual’s matters are finalized, and a penalty is imposed, the bail undertaking will not continue any further.
Protective bail conditions can be put in place to not allow the accused to contact specific people directly or indirectly. It can help to prohibit the accused person from going to a specific distance in relevant places or areas. Breaching the bail condition can be a serious offence, and the consequences can result in the bail being revoked again, and the accused person will keep staying in custody.
When a person is charged in cases related to domestic violence, the court might order a risk assessment report before granting the accused bail. The department of community often compiles the report, which involves speaking with the complainant about their attitude or offending towards the grant of the bail.
The bail will likely include a history of domestic violence or other types of offending violence. The report can help make a recommendation to the court regarding if the bail can be granted. The court can also decide on any protective bail conditions to be put in place to be sure about the safety of the complainant.
When a defendant makes a bail application, the court can decide to either grant, refuse or dispense the bail. There are relevant factors that the court will consider in case of a bail application. The factors are as follows:
If you or any individual in your family has been charged with any criminal offence and want to apply for bail, you will need legal aid. Contact Criminal defence lawyers Perth WA to hire the best lawyers to help you get bail for yourself or another person.