Bail is your legal promise to appear at Court on the specified date and may include a range of bail conditions such as having to report to the police or having to reside at a certain address for the duration of the bail. You must not commit any further offences whilst on bail.
There are different types of Bail depending on the circumstances of your offence and charges.
- WatchHouse Bail – once you sign the bail undertaking you will be released and must attend Court on the stated date, and you must ensure you comply with all conditions of your release.
- Court Bail – If you are refused WatchHouse Bail, you may apply to the Court to grant you bail which means you will still be in the custody of the Police, but the Police must release you once you sign the bail undertaking.
You will only be granted bail if you are considered not to be an unacceptable risk to yourself or the community.
The Court will look at a number of circumstances in deciding whether to grant bail, including:
- the seriousness of the charged offence and the evidence against you
- your residential and employment status
- your prior record and history of attending Court
- your family status
- the risk of you fleeing
- having someone to provide a bond / surety for you
- the perceived risk of you being a danger to others or breaking the law again
- whether you are capable of complying with any conditions imposed
- whether you are in a ‘show cause position’
Breach of Bail
Failure to comply with your Bail conditions an offence and will likely result in your bail being revoked and potentially a warrant being issued for your arrest.
If you fail to turn up on the Court date you should seek immediate legal advice and it is always recommended you attend the police station rather than have the Police find and arrest you.
Before handing yourself in, you should speak with a Specialist Criminal Lawyer so that you understand the process and know your rights.
If you are charged and have to go to Court, it is critical to seek the advice of a Specialist Criminal Lawyer. Howden Saggers Lawyers specialise in Bail Applications and Bail Breaches and we have been assisting people on the Gold Coast and Brisbane since 2002.
It is important to seek advice as soon as you possibly can.
We can tell you what your options are and advise you of the best course of action.
We are on your side.