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
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."
What A Court Considers Regarding Bail
When a person is charged with criminal offences in Queensland, they may be granted bail by the police or remanded in custody by the police. If a person is remanded in custody by the police, they must be brought before a court as soon as reasonably practicable so that they can apply for bail if they want to do so. If the person is an adult, this will occur at the Magistrates Court. If they are a juvenile, it will occur at the Children’s Court.
Is there an unacceptable risk?
Unless the person has been charged with an offence for which a conviction will result in a mandatory term of imprisonment for life (such as murder), a court is obliged to give them bail unless it is satisfied that one of the matters set out in section 16 of the Bail Act 1980 applies.
Section 16 of the Act requires a court to refuse bail if it is satisfied that there is an unacceptable risk that:
- the person will fail to appear in court at a future date, and/or
- the person will commit further offences while on bail, and/or
- the person will endanger the safety or welfare of a victim in the matter, and/or
- the person will interfere with a witness in the matter.
Section 16 also requires a court to refuse bail if it is satisfied that the defendant should remain in custody for their own protection.
Most often a court will be satisfied of one or more of the “unacceptable risks” on the basis of the person’s past behaviour. If they have failed to answer bail (that is, failed to appear in court when they were ordered to), or if they have committed offences while on bail, a court will be more easily satisfied that it is an unacceptable risk to release them this time.
Even if a court is satisfied that one of the criteria set down in Section 16 does justify the person’s continued detention, that is not necessarily the end of the matter. In the right circumstances, the court might be persuaded that it can impose conditions on the person which will sufficiently reduce the otherwise unacceptable risk of granting bail. With the correct preparation and negotiation, in some circumstances, the police or prosecution can be persuaded to drop their objection to a grant of bail, particularly if certain bail conditions are accepted, and this will greatly enhance the defendant’s chance of being released.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
The presumption in favour of granting bail to a person charged with a criminal offence in Queensland is reversed when…
When a person is charged with criminal offences in Queensland, the police may grant them bail or remand them in…
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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