The Bail Act 1978 sets out the regime for persons to be released on bail following a charge being laid against them by the police.
In recent years, the number of people arrested then charged and set free on bail has reduced with the advent of the Court Attendance Notice system introduced by the Government and administered by the police.
Under this system, a person may be issued with a Notice to attend Court in relation to certain criminal offences without the person even being arrested. If the person fails to attend, the Court will impose a penalty in their absence or can issue a warrant for their arrest.
On other occasions, the person may well have been arrested and taken to a police station. However, once there, the person can be allowed to leave after they have been issued with a Court Attendance Notice (or ‘CAN').
However, where the offence is a serious one or when the person has a criminal record, they may be formerly charged with the offence. At that stage, it is then up to the police officer in charge of the process, (usually referred to as the custody officer) to decide whether or not the person should be:
Broadly speaking, the purpose of the Bail Act is twofold:
The refusal or imposition of bail conditions is not meant to be used as some sought of de facto punishment before the person has been found guilty of the offence.
A common reason that a person might have their bail refused is the seriousness of the offence, the fact they have a history of not attending court once granted bail of breaching bail conditions or if they are considered a threat to the community or other nominated individuals.
The short answer to this question is ‘no'.
The Act sets makes it clear that certain types of offences are variously:
A common reason that a person might have conditions placed on their release upon bail:
The court can impose other conditions for the release of a person on bail such as:
Before a person can post bail for the individual charged by either lodging money or entering an agreement to forfeit money, they must be considered by the Court Registrar to be an acceptable person who usually means they do not have any prior criminal record.
Once a person has had bail granted or it has been refused, their bail can be reviewed (under certain circumstances in the Local Court) or in the District or Supreme Courts.
Contact Sharon Ramsden on sramsden@marsdens.net.au or phone (02) 4626 5077.
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