ACT Criminal Law
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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."
When Can Bail Be Granted? (WA)
In Western Australia, every person accused of criminal offences has the right to have bail considered, save for an accused detained under the Dangerous Sexual Offenders Act 2006. Although there is a right to have bail considered, there is generally no presumption in favour of granting bail to an adult. However, where the accused is a juvenile there is a presumption in favour of bail, and in such a case, the young person has a ‘qualified right to bail.’ When an adult is only charged with a ‘simple offence’ there is a presumption in favour of granting bail unless certain exceptions exist.
The power to grant bail can be found in Section 13 of the Bail Act 1982. That section refers to a table in Schedule 1 Pt A of the Act.
Bail can be granted by a police officer or the court. However, under section 16A, an accused alleged to be in a Schedule 2 position (requiring exceptional circumstances to have their bail granted), cannot have their bail granted by a police officer.
Assessment of risk
Once it is apparent that a decision-maker has jurisdiction as outlined above, the consideration of bail that takes place inevitably involves an assessment of risk. The decision-maker has a discretion to release an accused on bail, after considering the factors set out in Clauses 1 and 3 of Part C, Schedule 1 of the Act.
Those factors are:
(a) whether, if the accused is not kept in custody, he may —
(i) fail to appear in court in accordance with his bail undertaking; or
(ii) commit an offence; or
(iii) endanger the safety, welfare, or property of any person; or
(iv) interfere with witnesses or otherwise obstruct the course of justice, whether in relation to himself or any other person;’
(b) whether the accused needs to be held in custody for his own protection;
(c) whether the prosecutor has put forward grounds for opposing the grant of bail;
(d) whether, as regards the period when the accused is on trial, there are grounds for believing that, if he is not kept in custody, the proper conduct of the trial may be prejudiced;
(e) whether there is any condition which could reasonably be imposed under Part D which would —
(i) sufficiently remove the possibility referred to in paragraphs (a) and (d); or
(ii) obviate the need referred to in paragraph (b); or
(iii) remove the grounds for opposition referred to in paragraph (c
When considering the above matters, the court will have regard to:
(a) the nature and seriousness of the offence or offences (including any other offence or offences for which he is awaiting trial) and the probable method of dealing with the accused for it or them, if he is convicted; and
(b) the character, previous convictions, antecedents, associations, home environment, background, place of residence, and financial position of the accused; and
(c) the history of any previous grants of bail to him; and
(d) the strength of the evidence against him.
Schedule 2: Exceptional Circumstances
There are certain circumstances where an accused must satisfy the court there are exceptional circumstances that justify a grant of bail. Those circumstances are set out in Clause 3A, Pt C of Schedule 1 of the Act.
- Where the accused has allegedly committed an offence found in Schedule 2 of the Act, whilst on bail for an offence found in Schedule 2 of the Act (serious offences); and
- Where the accused has allegedly committed an offence found in Schedule 2 of the Act whilst on an early release order (such as parole).
The decision-maker with respect to bail is able to impose conditions on a grant of bail that ensures the accused complies with their bail undertaking – See Pt D of Schedule 1.
Common conditions include:
- Not having contact with a particular person;
- Reporting to a police station on nominated days, and at nominated times;
- Residing at a particular address;
- Surrendering any passports;
- Not leaving WA;
- Not being within 1km of point of international departure;
- Not entering a licensed premises.
The decision-maker with respect to bail also has the power to require a surety. Section 35 of the Act provides for the same.
A surety is a person who, as a condition of a grant of bail to the Accused, enters into an undertaking. The undertaking is such that, subject to the Act, the surety will forfeit a specified amount of money if the accused fails to comply with their bail.
The surety will need to be approved by a JP and will need to satisfy them that they have genuinely sufficient funds to cover the amount of the surety if necessary.
Getting It Right The First Time
It is important to ensure all information and supporting documents are before the decision-maker when making the application, has an accused has only one chance to make that application.
A magistrate will not hear a bail application a second time unless it can be established that there has been a change in circumstances since the previous unsuccessful application.
If you require legal advice or representation in any legal matter, please contact Armstrong Legal.
If a person is charged and released on bail, they must sign an “undertaking of bail”. By this undertaking the…
When a person is charged with criminal offences, they are presumed innocent until proven otherwise. Therefore, they have a qualified…
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