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.