This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (state and federal industrial tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Bail Conditions in the ACT


Courts are often more likely to grant bail if the risks associated with granting bail can be protected against (mitigated) by the imposition of bail conditions. Successful negotiations about bail conditions can often mean that prosecutors do not oppose bail, which makes it much more likely that bail will be granted.

It is the task of your lawyer to formulate conditions that address the court’s concerns. The conditions must be:

  • reasonable;
  • proportionate to the alleged offence;
  • appropriate to meet the perceived risks of releasing the person;
  • no more onerous than necessary; and
  • reasonably practicable.

Examples of bail conditions that a court can impose are:

Conduct requirement

That the accused person do or refrain from doing anything. For example, a condition may be imposed that the accused abstain from alcohol or abide by a curfew.

Contact restrictions

That the accused not contact certain persons, usually the alleged victim or the alleged co-offenders.

Location restrictions

That the accused agree not to go to certain places.

Residential

That the accused agree to live at a certain address.

Curfew

That the accused agree to be at a certain address at certain times.

Reporting

That the accused report to police at certain times.

Surrender of passport

That the accused  surrender their passport to police so that they cannot leave the country while on bail.

Security

That the accused or an acceptable person (often a family member) offer to forfeit a certain amount of money in the event that the accused does not attend court as required.

Character acknowledgment

That an acceptable person provide a written acknowledgment to the court that they regard the accused person as a responsible person who is likely to comply with his or her bail acknowledgment.

Accommodation requirement

That suitable arrangements be made for the accommodation of the accused person before they are released on bail.

Enforcement condition

That the accused to comply with one or more specified kinds of police directions, such as random urine testing. This condition can only be imposed at the request of the prosecutor.

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.

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