Bail & Release from Custody
Arrest – Applications to release from custody (bail)
When the police decide to charge you with any offence, they may arrest you.
Should you be arrested they may:
- Release you on bail; alternatively,
- The police may decide not to release you and will instead bring you before the local court, usually near the place of your arrest.
You may apply for release (bail).
It’s best to have legal advice when deciding whether to apply for bail at your first court appearance.
Though at times it may seem unlikely that release/bail will be granted, obtaining reliable legal advice from an experienced lawyer before launching a release/ bail application may be key to a successful application. Bear in mind that under current bail legislation it is difficult to make a subsequent bail application in the Local Court when the initial application has failed, so legal advice by an experienced lawyer is wise.
In the event that release is refused in the Local Court an application may be lodged with the Supreme Court. In this case, we prepare the required application and supporting documentation to convince the court to grant your release application.
Factors in Determining Release Applications (Bail)
Among the many factors the court will take into account in determining whether bail/release should be granted are:
- The circumstances of the offence, including:
- Its nature and gravity,
- The strength of the evidence against the accused, and
- The severity of the probable penalty and whether a full-time goal sentence is likely.
- The probability of the accused appearing in court to answer the charges.
- Prior failures to appear in court.
- Previous compliance with court orders, good behaviour bonds and the like.
- Background and strength of community ties.
- The length of time the accused may be obliged to spend in goal before his matter is finalised if release is refused.
We are always available to attend court to represent your release/bail application. Contactable 24/7, we can attend court to make your application for bail in the following courts:
Bankstown, Blacktown, Burwood, Campbelltown, Central Court Sydney, Downing Centre Sydney, Fairfield, Hornsby, Liverpool, Moss Vale, Mount Druitt, Penrith, Picton and Sutherland.