Criminal Lawyers SydneyShould You Make a Bail Application?

If you or a friend or loved one have been arrested and charged with criminal offences and refused bail by the Police, then you might think that the most important first step is to apply for Bail by making a Bail application (also known as a “Release application”) to the Court.

Well, not so fast. It may be in your interests to make an application for Bail during your first Court appearance, and depending on the circumstances you may indeed be more likely to be granted Bail by a Court.

But exercise caution before you take the step of applying for Bail. Why is that? Well, if you apply for Bail and do not succeed – i.e. the Magistrate denies Bail – then you cannot make another Bail application unless you can demonstrate some form of change in your circumstances.

In the past, accused persons could make as many Bail applications as they liked, and the Courts often heard a Bail application every time an accused person appeared before the Court. Not so any more. You need to be very circumspect when deciding to apply for Bail without putting all pertinent information before the Court in a coherent and logical fashion. If you do so, you run the risk of being locked up on remand until your matter is finalised, which could be weeks or even months away if you are defending the matter.

Of course, there is always the option of making a Supreme Court bail application if your application for bail has been refused by the Local Court. However, the current wait time between making an application to the Supreme Court and having your application heard by that Court is approximately 6 weeks. If you can be released on bail at the earliest opportunity, obviously that is going to be more beneficial than having to wait potentially weeks before being able to get your matter before the Supreme Court.

All persons going before a Court when they are in custody are entitled to a Legal Aid Duty Lawyer who will appear for you and, if so instructed, will make a Bail application on your behalf. Most Legal Aid lawyers are very competent and experienced in seeking Bail for clients. They make these applications every day. Legal Aid lawyers are sometimes slightly rushed due to high workloads, so you do need to be very careful that you give your lawyer all relevant information.

If the Legal Aid Duty Lawyer advises you not to apply for Bail because more information needs to be presented to the Court – listen, and take that advice, even if you then have to pay for a private criminal lawyer to make a considered and complete Bail application on your behalf at a later date.

If for any reason you are not confident in the Legal Aid Duty Lawyer and you would prefer to be privately represented, then Criminal Lawyers Sydney and Suburbs are often available at short notice to appear for you. Call (02) 9533 2269 for advice on Bail Application representation.