What factors determine whether or not I get bail?

In determining bail, certain matters must be taken into account. Those matters are outlined in section 32 of the Bail Act, and can be grouped into three broad categories:1. The likelihood that you will appear in Court on the next occasion (s32(1)(a));2. Your interests (s32(b)); and3. The protection of any victims of the crime (s32(b1)) and of the community generally (s32(c)).Another very important factor is the type of offence/s you are charged with. For some offences, there is a ‘right to bail’. For others, there are rules called ‘presumptions’, which are rules that control whether bail will normally be granted or refused. The type of ‘presumption’ will determine which party (the defence (you) or the prosecution) has to positively convince the Magistrate of their case (ie for or against bail). For example, if there is a presumption in favour of bail, the Magistrate must grant bail unless he/she is convinced that bail should not be granted in the particular case. To know more about presumptions and what they mean for you

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.

What is Bail?

The rules relating to bail in NSW are contained in the Bail Act 1978 and amending legislation. Bail is an agreement by you to attend Court at a given time. In practice, getting bail means that you are released from custody (ie from the police station or from gaol) on certain conditions, including the condition that you will appear in Court on the next Court date (sections 7, 34).

For more info see:
https://www.sydneycriminallawyers.com.au/
or
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