Bail Conditions


The Court can only refuse bail if there is an unacceptable risk and that risk cannot be protected against (mitigated) by appropriate bail conditions. It is the task of your lawyer to formulate conditions that address the Court’s concerns. The conditions must be reasonable and not more onerous than necessary. Conditions can only be imposed to reduce the likelihood that an accused person may:

  • Fail to answer bail by attending court
  • Commit an offence while on bail
  • Endanger the safety or welfare of members of the public
  • Interfere with witnesses or otherwise obstruct the course of justice

There are two types of conditions the Court can impose: ‘conduct’ and ‘financial’. Alternatively the Court can release an accused person on their own undertaking to attend Court, without any other conditions.

Conduct Conditions

These are conditions that require a person do or refrain from doing anything, for example:

  • Reporting to a police station
  • Residing at a particular address
  • Not leaving their address during certain times of the day (ie. a curfew)
  • Not contacting specified persons
  • Surrendering their passport
  • Not attending certain places at certain times
  • Attending and participating in a bail support service
  • Not consuming alcohol or drugs

Financial Conditions

These are conditions that require an accused or a suitable person (often a family member) offer to forfeit an amount of money if the accused person does not attend Court as required. They may be imposed with or without conduct conditions.

The Court must regard to the accused person’s means when considering whether to impose a financial condition at all, as well as the amount. If the person does not have sufficient means to satisfy a financial condition, the Court must consider whether any other condition would achieve the same purpose.

 

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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