I just wanted to thank you for representing me on Monday, I was overjoyed & relieved with the outcome. I don’t think it could have gone any better. All the best, I hope you got to celebrate this one instead after work, you forever made a difference in my life.
I know I thanked you before we parted company but please allow me to reiterate in writing my sincere deepest thanks for defending me in court today. … Armstrong Legal certainly has a great Lawyer you are a credit to the company and I'm quite sure you will secure a very successful future! … My Kindest Regards and Thanks
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."
How a Court Determines Whether to Grant Bail
Bail is the conditional release of a person who has been charged with criminal offences back into the community before the matter has been finalised. Bail may be granted by police or by a court. The primary considerations when deciding whether to grant bail are ensuring that the accused attends court to finalise the charges and protecting the community and alleged victims. This article outlines how decisions about bail are determined in New South Wales.
What factors does the court consider when deciding whether to grant bail?
Bail in New South Wales is governed by the Bail Act 2013. Section 18 of the Bail Act sets out an exhaustive list of factors that must be assessed when making a decision about an accused’s bail. These include:
- The person’s background, including their criminal history, circumstances and community ties;
- The nature and seriousness of the offence/s;
- The strength of the prosecution case;
- Whether the person has a history of violence;
- Whether they have ever committed a serious offence while on bail;
- Whether they have a history of compliance or non-compliance with court orders including bail orders, supervised orders and parole orders;
- Whether they have criminal associations;
- How long they are likely to spend in custody if refused bail;
- Any special vulnerability the person has.
- The behaviour of the defendant towards any alleged victims and their families.
There are also particular factors that must be considered when a person is granted bail after a finding of guilt.
What is ‘unacceptable risk’?
Under Section 19 of the Bail Act, the court must refuse a person bail where there is an unacceptable risk that if granted bail the accused will do certain things. These are:
- Fail to appear at any proceedings for the offence.
- Commit a serious offence,
- Endanger the safety of victims, individuals or the community; and/or
- Interfere with witnesses or evidence.
What is a serious offence?
There are a number of considerations in determining whether an offence is a ‘serious offence’ for the purposes of section 19. These are:
- Whether or not the offence is a sexual or violent one, or involves the possession or use of an offensive weapon or instrument;
- The likely effect of the offence on any alleged victim and on the community generally;
- The number of offences the person has been charged with;
- Any other factors that the court may consider relevant.
Two-step process in deciding whether to grant bail
When deciding whether to grant a person bail, courts must consider two questions. These are:
- Are there any bail concerns; and
- If so, are there any conditions that may mitigate those concerns.
The consideration of these two factors will then determine whether or not there is an unacceptable risk.
Bail Conditions Can alter decision on whether to grant bail
When a person applies for bail and there are concerns that arise from the factors outlined above, then the court must consider whether there are conditions that could be imposed that would sufficiently mitigate those concerns. Under Section 20A of the Bail Act, bail conditions are only to be imposed if the court is satisfied that those conditions are:
- Reasonably necessary to address a concern;
- Reasonable and proportionate to the offence;
- Appropriate to the concern;
- No more onerous than necessary;
- Reasonably practical to comply with; and
- There are reasonable grounds for the Court to believe that that condition is likely to be complied with.
Determining Unacceptable Risk
After going through this two-step process, the court will determine whether there is an unacceptable risk in granting bail. the court will then take action based on its assessment. If there are no bail concerns, bail should be granted unconditionally. If there are concerns, but these can be reasonably mitigated by bail conditions, bail must be granted conditionally. If the court has determined there are bail concerns and no bail conditions could reasonably be imposed to allay the concerns, then there is an unacceptable risk and bail must be refused.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
Bail is the conditional released of an accused into the community before their criminal charges have been finalised. Bail can…
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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.
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