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My legal matter concerning an application for a Domestic Violence Order was managed by Mr Thomas Allen. I am grateful for the outcome he obtained. Without Mr Allen and his ongoing support, I would be certain of a different result. It has been an extremely stressful period. Mr Allen’s astute ability to liaise on my behalf and his expertise was invaluable and for which I am grateful as I am now able to move forward. Thanking you
I would like to take this opportunity to thank Armstrong Legal and specifically Mr Thomas Allen for representing me in my recent case. At the outset, I would like to thank Mr Allen for the very professional delivery of his legal service. From the first time that I met Mr Allen, I was very impressed with his demeanour and delivery as he made me feel at ease knowing the severity of my case. Mr Allen not only gave me the possible positive outcomes of the case but also the realisation of the worst-case scenario as far as sentencing goes. … I will certainly be recommending Armstrong Legal to any of my friends or family needing representation in criminal matters. Thank you so very much.
Thank you for your representation and help. Fingers crossed for the next step and parole. I just want to say that from the first phone call to your office, your service has been outstanding and have put my mind at ease. I am glad I picked your number to ring.
Thank you Armstrong Legal, the lawyers that have helped over the past 3 years but more importantly, thank you to Thomas Allen for the major part you and Mr Buckland played. Cannot thank you enough. Cheers.
Hi all. I would like to thank Ms Lisa Riley for all her help with my legal issues this past month. It was the most harrowing experience of my life and thanks to her expertise, professionalism and knowledge of the law, I came out almost unscathed. I have no hesitation in recommending Lisa Riley and Armstrong Legal if you need help. The service is amazing and the cost was very minimal for the great outcome. Thank you Lisa for helping me in the most difficult time.
I just want to thank you from the bottom of my heart. My whole life I was thrown away, you made me feel like I did mean something. I could not have asked for a better lawyer. Your compassion and love for your job is inspiring. Your upfront and honesty were muchly appreciated, you are a beautiful person. Thank you for not giving up on me and thank you for all the work you put in. I wish you all the best for the future and I will be recommending you to everyone I know. You're amazing!!!!
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."
Breach Of Bail (WA)
If a person is charged and released on bail, they must sign an “undertaking of bail”. By this undertaking the person agrees to attend court as directed and abide by bail conditions. A breach of bail is considered a serious offence in Western Australia, by police and the courts. If a person does not comply with their bail conditions, they can be arrested without a warrant and charged. Bail in Western Australia is governed by the Bail Act 1982.
Under section 51 of the Act, a person on bail who fails to comply with their conditions, without a reasonable excuse, commits an offence. They are liable to a fine of up to $10,000 or imprisonment for up to 3 years, or both. They can also be ordered to pay the costs associated with the breach.
Bail conditions are imposed to reduce the likelihood that the person on bail will:
- fail to appear in court or surrender into custody as required;
- commit an offence;
- endanger the safety or welfare of others;
- interfere with a witness or otherwise obstruct the course of justice;
Such conditions may:
- impose home detention;
- prohibit the person from contacting specific people or groups;
- require the person to surrender a passport or prohibit them from applying for one;
- require the person to undergo a physical or mental health assessment;
- require the person to take part in a rehabilitation, treatment or other intervention program;
- require the person to abide by a curfew.
Home detention can be imposed as a bail condition if:
- a person is aged over 17; and
- a community corrections report on the person and their circumstances has been considered;
- the place of home detention is suitable;
- the person will not be released on bail unless a home detention condition is imposed.
A person subject to a home detention condition cannot leave their home except:
- to work or to seek work;
- to obtain urgent medical treatment;
- to avert or minimise a serious risk of death or injury;
- to obey a written law, such as a summons;
- for a purpose approved by a community corrections officer;
- on the direction of a community corrections officer.
A person in home detention who is aged over 18 may be subject to electronic monitoring, via the wearing of a tracking device or the installation of a monitoring device at the person’s home.
Procedure for a suspected bail breach
If a court reasonably believes a person has broken or is likely to break a bail condition, it can issue a warrant for that person’s arrest. The court has several options. It can:
- revoke bail, remand the person in custody, and direct that the person be brought before the court at a specific time;
- release the person on their original undertaking, or vary it.
A surety refers to a person who pledges to pay a specified amount if a person on bail does not comply with bail conditions. The surety’s undertaking is backed by a security, usually money or a house, which is forfeited in the event of a breach. The term surety can also refer to the specified amount undertaken to pay.
A surety must:
- be aged at least 18;
- not be a party to a restraining order with the person on bail;
- not be in a family relationship with the person on bail and have been a victim of an offence committed by the person on bail in the past 10 years;
- not be in a family relationship with the person on bail and be an alleged victim of the offence of which the person on bail has been charged.
In considering whether a proposed surety is suitable, a bail decision maker may consider the surety’s financial resources; their character and any convictions; and their proximity (in kinship or geography) to the person on bail.
A surety has a right to arrest a person on bail if the surety reasonably believes the person on bail has breached or is likely to breach their bail conditions. They can do this with or without the help of police, but must deliver the person to police as soon as practicable if they carry out the arrest themselves.
A surety ceases to have effect when:
- bail is revoked or cancelled;
- the surety dies;
- the person on bail appears in court as required;
- court proceedings for the person on bail are finalised.
If a surety applies to a court to end their obligation as a surety for a person on bail, the court can issue a warrant to arrest the person on bail and bring them before the court. If the surety is discharged from their liability, the court can remand in custody the person who was on bail, or grant them fresh bail.
For advice or representation in any legal matter, please contact Armstrong Legal.
In Western Australia, every person accused of criminal offences has the right to have bail considered, save for an accused…
When a person is charged with criminal offences, they are presumed innocent until proven otherwise. Therefore, they have a qualified…
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