Perth Bail Applications

Bail Applications

At Assurance Legal, we have the necessary expertise to help you apply for bail so that you are not remanded in custody ahead of your hearing or trial. If you are not awarded bail by police, then we can make a bail application through the courts so that you can remain in the community while awaiting the outcome of your case.

• Despite the presumption of innocence, there are certain charges which will increase the likelihood that you will be imprisoned before a judicial outcome has been achieved.
• Police Bail – if the police do not think you are likely to abscond from the jurisdiction, become a threat to the public, destroy evidence, reoffend or interfere with witnesses, then they have the power to grant you bail
• Court bail – if the police fail to award you police bail, then you will be brought before the court to have a hearing where you apply for bail through the court.
• In deciding whether to grant bail, the Court must consider the following factors:
  • The likelihood that you will appear to court when required to do so
  • Whether you may commit an offence if released on bail
  • Whether you may endanger the safety, welfare, or property of any person
  • Whether you will interfere with witnesses or otherwise obstruct the course of justice
  • Whether you require imprisonment for your own safety
• When determining these factors, the court must also consider:
  • how serious is the offence you have been charged with, and the nature of that offence, and
  • your character and previous convictions, and
  • your personal history, where you reside and your financial position, and
  • your bail history, and
  • the likelihood of a conviction on your current charge.
• Offending on bail
  • If the offending while on bail is serious, or the original charge is considered serious, then there needs to be exceptional circumstances to be granted bail
    • This can be a very difficult – contact the team at Assurance Legal for professional assistance to maximise your chance of being granted bail.
• Conditions
  • Bail may be granted by the court on certain conditions
    • E.g. alcohol and drug testing
    • Not leaving a certain location
    • Not going near a certain location
    • Not going near a certain person
    • Requiring the offender to check in at a police station regularly
    • Undertake to pay a certain amount if you fail to appear before the court at your scheduled hearing
• If you are denied bail, there needs to be a change of circumstances for bail to be considered in the future. It is therefore best to seek professional legal advice immediately instead of trying to apply for bail yourself.