Bail
In over 90% of cases where police charge a person for an offence, the person will obtain bail from either a police officer or the watch house keeper, or will be served with a Notice to Appear. For the other 10% of cases, bail maybe sought from either a Magistrate or from a Judge of either the District Court or the Supreme Court.
If a person has been refused bail and is to be brought before the Court, then Howden Saggers Lawyers can appear on their behalf to argue that they be released on a bail undertaking.
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Sometimes this undertaking will contain conditions, such as reporting to a police station and residing at a certain address; occasionally a surety is required.
A surety is a person who promises to ensure that the accused person attends Court. If the accused fails to attend Court, then the surety may forfeit a sum of money.
Refusal of Bail
If the Court refuses a person bail, then the person is remanded into custody. To argue for bail again, they must show a change in circumstances. Howden Saggers can advise on what constitutes a change in circumstances.
Appeal to the Supreme Court
An appeal can be made to a Supreme Court Judge if a Magistrate refuses bail. Contact Us to obtain advice about how to do this.
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