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."
New South Wales’ bail laws are governed by the Bail Act 2013, which significantly changed the state’s bail laws from what they were previously. The courts now have fresh criteria to apply and a person is generally more likely to be granted bail than they were under the old act (Bail Act 1978).
The Bail Act 2013 gives the court power to:
- 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.
How does a court decide whether to grant bail?
Section 22 of the Bail Act sets out how a court determines whether to grant bail to an accused person. The factors that a court must consider are:
- the likelihood of the person appearing at court to answer their charges;
- the likelihood of them committing an offence while on bail;
- The likelihood of them harassing or endangering anyone while on bail;
- the likelihood of them interfering with evidence, witnesses or the administration of justice while on bail;
- the interests of the person.
If the person has already been found guilty of the offence, the court must also consider the likelihood of them being sentenced to imprisonment.
Bail for show cause offences
Show cause offences are offences for which the presumption in favour of bail is reversed and the accused person must ‘show cause’ for why they should be released from custody. Offences that are show cause offences include:
- Serious child sex offences;
- Serious personal violence offences where the accused has a prior record for serious violence;
- Offences punishable by a maximum penalty of life imprisonment.
How likely is bail to be granted?
The likelihood of bail being granted to a person depends on the seriousness of the charges against them and their criminal history. While with some offences, there is a presumption that the accused should be granted bail, for others there is a presumption that they should remain in custody.
When the court grants a person bail it has the power to impose a range of conditions. The conditions that are imposed on a person’s bail will depend on the nature of their alleged offending, their criminal history and what concerns the court has about their behaviour while on bail.
A person’s bail conditions may include a condition to abstain from alcohol or drugs, to adhere to a curfew. not to associate with alleged co-offenders, or to surrender their passport while on bail.
Bail conditions relating to treatment and rehabilitation can also be imposed where the offending was related to drug or alcohol use.
Can I apply for bail more than once?
A person cannot generally apply for bail again after they have been refused bail by a court. However, there are some exceptions to this rule.
A person may be allowed to apply for bail a second time if:
- At their first bail application they were unrepresented;
- Their circumstances have changed since their first bail application;
- Fresh information is to be presented;
- The person is a child and the first bail application was made on their first court appearance in relation to the matter.
Supreme Court bail
A bail application can be made in the Supreme Court. Supreme Court bail applications follow a more formal process and material in support of the application must be presented in affidavit form. A bail application may be made in the Supreme Court when a person’s criminal matter is before the Supreme Court or when a person is seeking a review of a refusal by a magistrate to grant bail.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
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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?
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Perth WA 6000