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I will definitely be using your company in the future if needed. Lisa kept me at ease also there were no grey areas with great advice. Helana is a great front of house.
My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
Throughout Angela has been the consummate professional. She maintained a calm, yet strong demeanour remained informative and completely open in her communication and took complete ownership of the situation. We felt confident we finally had an advocate to steer us out of the nightmare we were in, and she did so with great respect and sincerity. I cannot speak more highly of Angela. She has literally rescued our family from what looked very much like a hopeless future.
Words can’t describe how grateful I am to Trudie Cameron being my solicitor and to Andrew Tiedt presenting my case in the court. They both have been very supportive and amazingly professional and effective. I’ve got an absolutely fantastic outcome I couldn’t even dream about.
Soon after meeting Andrew I knew he was the solicitor I wanted to handle my matter. He immediately sprang into action which brought me stability and hope during a tumultuous time in my life. Andrew was never afraid to give me straight answers to my tough questions which is a true mark of integrity. He is clearly at ease in the court environment and I believe his calm and measured demeanour went a long way to helping me secure the best result from my day in court. I would certainly recommend you approach Andrew if you need assistance.
"Andrew Tiedt was very professional and considerate to personal circumstances and gave sound advice that resulted in the best outcome possible. Highly recommended."
Some people who are charged with a criminal offence are granted bail by police. Those who are refused bail by the police can apply for bail in the Magistrates Court. In some cases, when a person has been refused bail by a magistrate, they may decide to apply for bail in the Supreme Court. This article outlines what is involved in those different types of bail applications.
Magistrates Court bail applications
When you apply for bail in the Magistrates Court, your solicitor will mention your matter and state that you are applying for bail. The prosecutor will provide the court with the police facts outlining the circumstances of the alleged offence and your criminal record, if any, and any other relevant documents. Your lawyer will have an opportunity to read these documents and make any objections to them before the magistrate reads them.
If there are no objections, the magistrate will read the documents. The magistrate will then read any documents that your solicitor tenders. The magistrate will ask the prosecution what its attitude to bail is. Bail will not always be opposed. If the prosecution consents to bail, this does not guarantee that the magistrate will grant bail but it is an important factor in favour of granting bail.
If the prosecution opposes bail, it is common either for the informant (police officer) to be called to give evidence or for a form outlining the informant’s concerns about granting bail to be handed up. It is possible to object to some if not all of the content of these forms.
Your lawyer will make submissions on why the court should grant bail. These submissions will include your ties to the community, your residential history, the criteria set out in Section 22 of the Bail Act 1992. Where appropriate they should attack any weaknesses in the Crown case.
When appropriate, your lawyer will indicate to the court that someone is willing to deposit cash or security to secure your bail. Normally this person will not be required to give evidence.
After considering all of the material before the court, the magistrate will make a bail determination.
Supreme Court Bail Applications
These bail hearings are normally far more formal. It is rare these days for an accused person to appear in person in the Supreme Court. They normally remain at the jail and appear in court via video link. A solicitor and/or a barrister normally appears for the accused and the police are represented by someone from the office of the Director of Public Prosecutions. A judge will decide whether bail should be granted.
Your lawyer will mention the matter and indicate that bail is being applied for.
The judge will ask for the prosecution’s attitude to bail. Bail will not always be opposed. If the prosecution consents to bail, this does not guarantee that the judge will grant bail but it is an important factor in favour of granting bail.
The Crown will tender a bundle of documents. This bundle will normally include the key statements in the Crown brief. The Crown will normally want to show that its case is a strong one and will tender those documents that do this. It is normal for your lawyer to negotiate with the Crown as to what statements are given to the judge.
If evidence is disputed, the judge may permit the cross-examination of the police officer in charge to ascertain the strength of the Crown case.
Normally evidence is called by your lawyer from people who may be depositing cash bail, an employer, a spouse (if hardship is likely), a representative from a rehabilitation facility, or you.
Your lawyer will make submissions as to why bail should be granted. These submissions will address the criteria set out in Section 22 of the Act.
The judge may deliver a determination on the day or adjourn the matter to consider the application.
Review Of Bail Applications
Applications to the Magistrates Court to review a bail decision may be made only in particular circumstances. Sections 42 and 42A of the Act state that the Magistrates Court may, on application, review any decision of the court in relation to bail for an accused person, only if:
- the court has power to make a bail order; and
- the court is satisfied that the applicant has shown
- a change in circumstances relevant to the granting of bail since the court’s decision; or
- the availability of fresh evidence or information relevant to the granting of bail to the accused person that was unavailable when the court made the decision; and
- for an application made by the accused person, the person has made 2 applications for bail in the Magistrates Court in the proceeding to which the bail relates.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
If you or someone you know has had bail refused twice and has had a bail review conducted in the…
Whether you are likely to be granted bail depends largely upon the seriousness of the offence you have been charged…
Section 22 of the Bail Act 1992 sets out what a court must consider when deciding a bail application made…
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