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You may be detained in prison or released on bail when arrested and charged with an offence. A successful bail application in NSW will allow you to be at liberty in the community while your matter progresses in Court. Bail is a form of conditional freedom given to a person when charged with a serious offence. The test to be applied in bail decisions is on the balance of probabilities.
Under the bail act, a person can remain on bail in NSW when their case is proceeding before the Court.
A show-cause offence is certain serious offences under the bail act.
For a show cause offence, the Court must refuse bail unless you show cause why your detention is not justified. In making this determination, the bail authority must consider all the evidence or information the bail authority considers credible or trustworthy in the circumstances.
If you can show cause, the Court then decides whether there are any “bail concerns” that make you an unacceptable risk.
Bail concerns usually are:
The Court may impose specific conditions to address such concerns. These conditions must be workable, proportionate, and appropriate. For example, if the Court thinks you may try to flee the country, you may need to report regularly to the police station. Ameliorating these concerns often requires applicants to obtain supporting affidavits and character references and to fulfil any security requirements. The applicant will also often need to confirm their proposed accommodation arrangements and any arrangements they have made for payment of a surety before the application is heard. The proposed bail conditions and supporting evidence must address any bail concerns likely to be raised by the prosecution.
Bail in NSW will be refused if the Court finds that you pose an unacceptable risk despite the imposition of these conditions
There are many bail conditions that the Court may impose against you. Below are some common bail conditions which the Court may impose:
If you apply for bail in NSW, in the Local Court, and are refused bail, you will not be able to make another bail application in the Local Court. However, you can apply again if you satisfy s74 of the Bail Act. This means that the magistrate must be satisfied that there is a change of circumstance.
You must make a Supreme Court bail application if you do not satisfy any of these. Supreme Court bail applications are generally heard at least 4-6 weeks after filing.
Supreme Court bail applications in NSW have stringent requirements. All material sought to be relied on must be filed ahead of time under the new rules.
This includes character acknowledgements, psychologist or psychiatrist reports, medical documents, letters of acceptance at drug rehabilitation facilities etc. Often detailed written submissions are also required for complex cases.
Like the Local Court, you will only have one chance to make a Supreme Court bail application in NSW. However, you can apply again if you show that one of the four grounds above is met.
If you want to vary bail conditions in NSW, you will need your lawyer to take the following steps:
Some variations are more complex. For example, the Police and the Court will usually agree to allow you to change your residential address, but they will resist deleting a bail curfew condition.
Our experienced bail lawyers have obtained bail for clients for numerous charges including;
If the police have charged you or a loved one, you must attend court. Appearing in court for a criminal charge is usually daunting. Let us help you make the process easier. Here are 10 reasons to choose our team of criminal lawyers from Lyons Law Group;
Result-focused criminal lawyers
Our team will work to achieve the best result for you in the shortest time possible. However, we do aim to provide quality over quantity service to you. Our criminal lawyers appear in all criminal and traffic matters, including trials, sentencing, bail applications, and apprehended violence orders. We are a result-focused firm of lawyers.
At Lyons Law, we do not make any unrealistic promises for results. You will be advised on the most realistic results achievable in your case, including acquittals of all charges against you. Nevertheless, you can be sure that our team will work extremely hard to achieve the best possible outcome for you.
Proven Track Record
Our experienced defence lawyers are passionate about representing their clients and achieving the best outcome. Lyons Law is a team of solicitors who are dedicated, and with our support staff, you can be confident of the highest quality of legal representation. We have an exceptional track record of results. We provide our outstanding client service at an affordable rate for our clients.
We always let our clients know how much their cases will cost from the beginning. This makes it easier for them to decide whether or not they want to proceed with the case. Not only do we offer fixed fees for many types of criminal cases and services, but also free first phone consultations. In addition, our firm offers fixed fees applicable to a wide range of Local Court cases such as drink driving, fraud, drug possession, assault, and AVOs.
Free First Conference
For all of those individuals who are going to court, we offer a free first 15-minute phone conference with one of our senior criminal defence lawyer. It is best you email our office all your relevant documents before a conference so criminal lawyers can provide the best advice within that time frame.
Highly experienced criminal defence lawyer
Lyons Law Group is a highly experienced team of criminal lawyers. Our team is led by Mohammad Khan, who is one of the best criminal lawyers in Sydney. He has represented clients in some of Australia’s most high-profile cases and was under the direct tutelage of Australia’s leading criminal lawyer Adam Houda.
Moreover, our team has worked and successfully represented clients on highly complex trials and sentences in NSW.
Work closely with Australia’s leading criminal law barrister
We work closely with some of Australia’s leading criminal law barristers. Barristers are usually instructed in more serious matters, and their experience and input can be invaluable to your case. The barristers we regularly instruct range from Queen’s counsels, Senior counsels and highly experienced junior-senior counsels.
Specialist for District and Supreme Court trials
Our team of sydney criminal lawyers have worked on numerous District and Supreme Court trials in NSW. We have worked on extremely complex criminal law trials that require impeccable preparation and understanding of the law.
Specialist for bail applications in NSW
Lyons Law Group is a highly experienced team of bail lawyers. We have regularly obtained bail for clients for extremely serious charges that carry life sentences. For types of charges, bail is usually denied by a Court.
In house Experts
Our criminal lawyers have in-house investigators with decades of law enforcement experience and assist our team with process service, background checks, integrity testing, investigations, surveillance, and bug detection.
For the preparation of jury trials and defended hearings, these services can be utilised on behalf of our client to achieve the best result.
Appearance at all Courts in NSW
From Broken Hill to Waverly, our criminal lawyers appear in all courts throughout New South Wales.