When charged with an offence the Bail Act 2013, which came into effect on 20 May 2014, gives the court the power to:

  1. Dispense with Bail
  2. Grant Bail conditionally or unconditionally
  3. Refuse Bail

The decision of the court is based on whether there is an unacceptable risk that the accused person will do one of the following:

  1. Fail to appear at any proceedings; or
  2. Commit a serious offence; or
  3. Endanger the safety of victims, individuals or the community; or
  4. Interfere with witnesses or evidence.

If there is no risk of any of these occurring than the court must grant unconditional bail.

The legislation provides a list of matters the court may consider when determining whether there is an unacceptable risk.

The team at Dawson Lawyers is able to assist you in your bail application and making submissions to the court as to why you should be granted bail, either conditionally or unconditionally.