Bail Applications

Upon being charged with a criminal offence, you may either be held in custody or released under a bail undertaking.

During the bail application process, both law enforcement and the court will consider various factors. These factors include, but are not limited to:

Nature of the Offence: This includes assessing whether the offence is violent, involves domestic violence, or the use of a weapon.
Criminal History: Any prior offences, especially those related to breaches of bail conditions, will be scrutinised.
Current Bail Status: If you are already on bail, the court will evaluate whether you can continue to adhere to the conditions or enter into a new bail undertaking.
Risk of Reoffending: The likelihood of you committing further offences while in the community is carefully assessed.

Seeking legal counsel should be your priority to mitigate the possibility of these charges escalating.

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How Are Bail Matters Determined?

In most cases, bail is regarded as a fundamental right. The prosecution bears the burden of demonstrating to the court why your release on bail poses an unacceptable risk to the community.

If they are successful, the Magistrate will refuse bail unless you can establish that continued detention is unwarranted. This particular type of application is known as a “show cause” bail application and often applies in cases involving prior bail for an Indictable offence, allegations of weapon use, domestic violence, or offences against the Bail Act 1980.

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Engaging a skilled lawyer is highly advisable when contesting a bail application before the court. This pivotal moment requires a comprehensive investigation, including the consideration of proposed conditions and the examination of any available documents in your favour. Crafting a compelling bail application demands experience and expertise. It’s essential to remember that, in most cases, you have just one opportunity to apply for bail in the Magistrates Court. If bail is denied, you may be held in custody pending court proceedings

For a subsequent bail application to be considered, you must demonstrate a significant change in circumstances since the initial application. This is a complex process, but circumstances that may qualify as a material change can include alterations to the charges, provision of a surety, or a revised residential address, among others.

If bail is refused, you have the option to apply to the Supreme Court for a further hearing, but this process is intricate. Therefore, ensuring the initial application is conducted correctly is paramount.

Why Choose Smith Cambridge?

Facing criminal charges can be a daunting experience, but understanding your rights and options regarding bail can help ease some of the stress.

One of the fundamental principles of the justice system is the presumption of innocence until proven guilty. Bail allows individuals to maintain their freedom while awaiting trial, upholding this principle.

We’ll work tirelessly to secure the best possible outcome for your case.

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The Smith Cambridge Difference

Expertise: A seasoned team with experience in addressing criminal law matters, with a deep understanding of relevant laws and regulations.
Personalisation: Tailored defence strategies that consider the unique aspects of your case, aiming for the best possible outcome.
Advocacy: A committed ally dedicated to vigorously defending your rights and interests throughout the legal process.