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
The process for determining whether to grant bail depends on what offence you are charged with. The Bail Act divides offences into three categories:
- Offences with a presumption of an entitlement to bail
- Show Cause Offences
- Offences for which bail must be refused unless there are exceptional circumstances
There is a presumption that an accused person is entitled to bail for all offences that do not fall into the second and third categories.
Regardless of the offence, the Court must consider whether there is an unacceptable risk that the person would:
- Fail to answer their bail by attending Court
- Commit an offence whilst on bail
- Endanger the safety or welfare of members of the public
- Interfere with witnesses or otherwise obstruct the course of justice
Criteria for Assessing ‘Unacceptable Risk’
In determining whether or not there is an unacceptable risk, the Court will consider the:
- Nature and seriousness of the alleged offence
- Accused person’s character, criminal history, associations, home environment and background
- History of any previous grants of bail to the accused person
- Strength of the prosecution evidence
- Attitude, if expressed to the Court, of the alleged victim to the grant of bail
If there is an unacceptable risk the Court must consider whether there are conditions that may be imposed to address the circumstances which create an unacceptable risk.
The Court can only impose conditions to reduce the likelihood a person will do one of the things that constitute an unacceptable risk. Conditions must also be reasonable having regard to the alleged offence and the accused person’s circumstances.
Show Cause Offences
Certain offences first require the person to show cause why their detention in custody is not justified, before the court considers the issue of unacceptable risk. These include:
- Any offence committed whilst the person was on bail;
- Indictable offences committed while the person was awaiting trial for another indictable offence;
- Contravening a Family Violence or Personal Safety Intervention Order by using or threatening violence and where the person has been convicted or found guilty of similar offences in the last 10 years;
- Other serious offences such as aggravated burglary, arson causing death and cultivating a narcotic plant.
- Some serious Commonwealth offences
Offences for Which Bail Must be Refused Unless Exceptional Circumstances
Bail must be refused for the following offences unless the accused person can show that exceptional circumstances exist and there is not an unacceptable risk:
- Trafficking a large commercial quantity or commercial quantity of drugs
- Cultivating a large commercial quantity or commercial quantity of narcotic plants
- Certain offences relating to the importing, exporting or possessing of commercial or marketable quantities of border controlled drugs or plants (Commonwealth offences)
You should get legal advice as soon as possible if you or a family member has been refused bail so that you can get an understanding of which category the case falls into and what the prospects are of being granted bail.
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?
201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000