Wednesday, November 28, 2007

How do I get bail?


After you are charged by police, a decision on whether and/or on what conditions you are granted bail must be made by the sergeant (or another ‘proper officer’) ‘as soon as reasonably practicable’ (s18). If the officer refuses bail, he/she must arrange for you to be brought before a Court (usually the Local Court) ‘as soon as practicable’ (usually the next morning) (s20). At that time, you (or a solicitor on your behalf) can make a formal bail application, which involves making ‘submissions’ and/or handing-up supporting documents. The Magistrate will then decide whether to grant bail and, if so, on what conditions.

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