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."
When a person is charged with criminal offences in Victoria and applies for bail, the court can only refuse bail if there is an unacceptable risk that cannot be mitigated by appropriate bail conditions. When a person applies for bail, they or their lawyer should propose bail conditions that address any concerns the court is likely to have. The bail conditions should be reasonable and no more onerous than necessary.
Purpose of bail conditions
Under the Bail Act 1977, bail 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 bail conditions that courts 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 Bail Conditions
Conduct conditions are bail conditions that require a person to do or refrain from doing something. Some of the common conduct conditions are set out below.
Reporting to a police station
This condition may be imposed where there are concerns that the defendant is not going to remain at their address or where they are considered a flight risk ie there is a risk they will try to leave the jurisdiction without finalising the charges.
How often it is reasonable to require a person to report to the local police will depend on factors such as how far from the person’s residence the police station is and to what extent it will interfere with their commitments, such as employment and care of children.
A person may be required to report to the police, weekly, twice weekly or daily and may be required to do so at particular times of day.
Residing at a particular address
It is very common for a person’s bail conditions to specify the address they must live at. If the address proposed is the residence of another person, such as a partner or parent, that person’s consent will generally need to be obtained.
Not leaving their address during certain times of the day (ie. a curfew)
A curfew is a bail condition that is sometimes considered appropriate, particularly where the defendant is a juvenile and the alleged offending occurred in a public place at night. Being required to observe a curfew is seen as reducing the opportunity for further offending and is often imposed in conjunction with a condition that the police may attend the residence at random to ensure the person is complying with the curfew.
Not contacting specified persons
A bail condition that the defendant is not to contact specified persons is common where there is a concern for the safety of the alleged victim or where the offending is alleged to have occurred in company with co-offenders. The defendant may be required not to contact the alleged victim or the alleged co-offenders while on bail. This may be to minimise the chances of re-offending or to minimize the chances of interfering with witnesses.
Where the defendant is considered a flight risk, they may be required to surrender their passport while on bail. This may be because they have strong ties to other countries, because they are a person who travels often or because they have significant financial means.
Not attending certain places at certain times
Where the defendant is alleged to have committed offences in a particular place, they may be made subject to a bail condition that they refrain from attending this place while on bail – for example, a particular pub or nightclub.
Not consuming alcohol or drugs
Where the alleged offending is drug or alcohol related, the defendant may be required to abstain from alcohol or drugs while on bail. They may be required to comply with breath or urine tests to verify their compliance with this condition.
Attending and participating in a bail support service
A person who is granted bail may be required to engage with a bail support service to help them to comply with their bail conditions. This may be a service that can assist with drug and alcohol issues, mental health issues or accommodation. It may involve counselling or day programs.
Financial Bail Conditions
Financial conditions are bail conditions that require an accused or a suitable person (often a family member) to agree to forfeit a specified amount of money if the accused person does not attend court as required. Financial conditions may be imposed with or without conduct conditions.
The court must have regard to the accused person’s means (or the means of the person putting up the bail surety) 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.
Juveniles and bail conditions
When the person applying for bail is a juvenile, the Children’s Court may consider it appropriate to impose more restrictive bail conditions than it would for an adult. These may include conditions such as attending school every day, obeying a curfew and not drinking alcohol.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
The process for determining whether to grant bail depends on what offence you are charged with. The Bail Act 1977 divides…
When a person in Victoria is charged with criminal offences, they may be granted bail by the police or remanded…
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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