ACT Bail Act
Courts are often more minded to grant bail if the risks associated with granting bail can be protected against (mitigated) by the imposition of bail conditions.
Successful negotiations in relation to conditions can often mean that Prosecutors do not oppose bail, thereby increasing your chances of being granted bail.
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; not be more onerous than necessary; and be reasonably practicable.
Examples of conditions that a Court can impose are as follows:
- Dispense with bail (ie release a person from custody without any conditions whatsoever)
- Grant bail conditionally or unconditionally (ie release a person from custody with or without conditions)
- Refuse bail
- Conduct requirement – that the accused person do or refrain from doing anything, for example:
- To be at Court on a certain date – this is the primary purpose of bail
- Contact restrictions – not to contact certain persons, usually an alleged victim
- Location restrictions – not to go to certain places
- Residential – to reside at a certain address
- Curfew – To be at a certain address at certain times
- Reporting – To report to police at certain times
- Surrender of passport
- 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 he or she is released on bail
- Enforcement condition – requiring the accused to comply with one or more specified kinds of police directions, for example random urine testing. This condition can only be imposed at the request of the prosecutor.
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.