Anastasia Qvist is an outstanding lawyer. My criminal law situation (family violence order) was difficult, complex and Ana's diligence saved me as I was going through the most difficult period of my life. Ana is down to earth, commonsense and she even kept our costs to a minimum. She is a skilled litigator and knows the ins and outs of the ACT Magistrates Court. She dealt skillfully with the DPP and is an excellent negotiator. You will get a fair representation and she genuinely cares about her clients. She has my complete recommendation. The lady goes to bat for her clients.
I would strongly recommend Anastasia to anyone who is seeking legal representation. As a first-time offender who was charged with a Level 2 Drink Driving offence, she walked me through every step of the matter and was very upfront and clear on all aspects of my case. She was always accessible when I needed advice. Her approach and advice were excellent. Under her representation, I received the best possible outcome and managed to avoid a criminal conviction. She was a pleasure to deal with throughout the whole matter.
Anastasia Qvist was very professional and helpful in every step of my matter. I got a very good outcome and I can’t thank you enough for your hard work and the Armstrong Legal team in Canberra. I would highly recommend her!!!
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; however, 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 (ACT). 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; however, 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 Bail 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 particualr circumstances. Sections 42 and 42A of the Bail Act 1992 (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.
Paragraph (c) above was only recently added to the statute book. It was brought in with the intention of keeping more bail applications before magistrates rather than judges in the Supreme Court. Previously, a person could go straight to the Supreme Court after only one unsuccessful bail application before a magistrate.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
WHERE TO NEXT?
If you suspect that you may be under investigation, or if you have been charged with an offence, it is vital to get competent legal advice as early as possible. Our lawyers are highly specialised in criminal law and will be able to guide you through the process while dealing with the various authorities related to your matter.
WHY CHOOSE ARMSTRONG LEGAL?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000