In every state, there are offences that are bailable while some are not. The term bail is derived from the old French verb “baillier” meaning to give or deliver a person arrested to his or her sureties. Thus, a person arrested for a crime may ask that he be released from detention by applying for and paying a certain amount comprising the bail bond.
Essentially, bail bonds work like checks. They are held in reserve by the courts or by the police as assurance that the alleged offender will appear in court whenever necessary or as required.
Do all offences require that a bail bond be applied for by the arrested person?
Generally, criminal offences can be categorised as bailable and non-bailable. Depending on the severity of the offence, the police or court may grant the application of a bail bond in lieu of the release of the arrested person.
What are Bailable and Non-Bailable Offences?
Most jurisdictions in Australia grant bail rights or presume that bail should be granted for any person arrested for an offence. The laws governing the granting of bail can be found in the Bail Act 1980.
Bailable Offence
Bailable offences are criminal acts where bail is considered a matter of right. In this light, such offences are not seriously grave that will warrant the safety of the public. The Bail Act, granting bail for an arrested person is under the statutory presumption derived from the common law principle that a person is presumed innocent until he or she is proven guilty.
The Australian Capital Territory Magistrates’ Court Ordinance provides that bail must be granted to those committed for trial for an offence for which a possible prison term upon conviction is less than six months.
What happens if you breach the conditions of your bail?
If you are granted bail and in the course of your trial, you fail to appear in court or breach any of the conditions stated therein, such as preventing yourself from committing the same or another crime related to or of the same grievousness to the offence you are charged with, then a warrant of arrest may be put out for you.
When this happens, it will be more difficult for you to get out of jail or to apply for future bail bonds. Aside from that, you will also face a separate charge for breach of bail.
Non-Bailable Offence
Generally, more serious crimes may dictate that the police should take the offender into custody.
When an indictable crime is involved, such as serious assaults, arson, robberies and rapes, the prosecution’s objection to bail is typically raised in court based primarily on this ground.
Why may bail be refused?
The following are reasons why bail may be refused:
- A prior criminal record;
- The severity of the charge;
- If the offender committed domestic violence;
- The risk of committing the same offence while on bail;
- A previous breach of bail;
- The offence committed is punishable by imprisonment of at least 7 years;
- If the police or prosecution sees a genuine chance that the offender will not appear in his or her next court appearance; or
- When there is a great chance that the offender will abscond from punishment.
In some cases, relevant circumstances such as character, background, employment and other antecedents are also taken into account when granting or denying bail.
What is a home detention bail?
A home detention bail order indicates that the defendant must remain at a specific residence without leaving it unless it was agreed to in advance by a community correction officer. Before this type of bail can be granted the community corrections officer will have to inspect the place of residency to ensure that it will serve its purpose and that it is appropriate for such a bail to be taken up.
Can the conditions stated in the bail be modified?
If you are on bail and you decide to have the conditions therein modified, you can apply for a variation of bail conditions to the court in your next court appearance. You may also choose to ask your defence lawyer to submit the list of changes as an earlier application before the court.
In this light, you may need to have a proper ground or a valid reason why you are applying for such modifications. Let’s say that you are changing your current address to another state. In this case, you may ask the court to permit you to report to the police station where you will transfer.
What are the usual bail conditions set forth by the court?
Here are some common bail conditions that you will need to adhere to when granted:
- Live at a specific address;
- Report to the police station every day;
- Prohibition to talk or get near specific persons;
- Remain within the boundaries or a specified distance;
- Surrender your passport; and
- Follow your curfew rules.
When you are charged with a criminal offence, you may ask your defence lawyer to assist you in your bail application.
Contact Smith Criminal Law today!