Bail is the process of releasing an accused person who has been charged with an offence back into the community before their next court hearing.
The accused person must give their signed undertaking that they will appear at Court, and the undertaking may provide conditions that the accused person must comply with. Conditions could include
- Residing at a specific address;
- A curfew;
- Regular reporting to the police station or Court;
- Not leaving the state;
- Not associating with witnesses or co-accused persons;
If the Court does not order you to provide a deposit or surety, you will be bailed on your own undertaking. A surety is a person who promises to pay money to the Court if you do not follow the bail conditions. A deposit is made by the accused person to provide security that they will attend Court.
If you are required to provide a deposit or surety and you fail to appear in Court, you or your surety may lose the money or assets which were provided.
Whilst you are on bail you must comply with the conditions that were imposed. If you breach the conditions of bail you may be charged with an offence and your bail could be revoked. Bail offences include:
- Failing to answer bail;
- Indemnifying surety;
- Contravening a condition of bail; or
- Committing an indictable offence whilst on bail
Bail applications are a complex area of law, so it is a good idea to speak to a lawyer to assist you.
Contact us for expert legal advice specific to your particular matter.