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8.3 – Bail & Remand

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Bail

Bail provides for the release of a person charged with an offence from custody until the time of the trial.

The person charged makes an undertaking to appear in court at a later date

Failure to do so will lead to further offences, a possible warrant to arrest and further charge/s

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Granting Bail

Police officers (90%) of cases

Magistrates Judges Bail Justices can

decide whether to grant bail

If police refuse bail the decision is reviewed by a judge or bail justice

Only judges can decide bail for murder charges

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Bail can also be granted in situations such as

Adjournment of a hearing

Has been found guilty but is awaiting sentence

Custodial sentence received but appeal has been lodged against the sentence/verdict

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Bail conditions

Conditions attached to bail are designed to ensure the suspects appearance before a court

and

Outline acceptable behavioural conditions including preservation of evidence against the accused

http://www.news.com.au/national-news/craig-thomson-arrested-by-police/story-fncynjr2-1226565909723

The three bail conditions were: that he notify police within 24 hours of any change of address, that he give 24 hours notice of any travel overseas or interstate with the exception of travel to Canberra and that he not contact "directly or indirectly", in person or through another party, any person whom he has allegedly engaged for sexual services. Read more: http://

www.news.com.au/national-news/craig-thomson-arrested-by-police/story-fncynjr2-1226565909723#ixzz2b8iT8N3W

http://www.zimbio.com/pictures/ANP8Ckta8hR/Craig+Thomson+Faces+Criminal+Court/a3Dkw4fTyh1/Zoe+Arnold

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Bail conditions

Bail conditions can be numerous and the possibility of types of conditions are endless.

There are some generic conditions and others are tailored to address the individual suspect and/or circumstances of the crime.

Forfeit passport Not approach an

airport Not visit certain places

ie kindergartens Not communicate with

witnesses Report to police The granting of bail

reflects the presumption of innocence

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Refusing Bail

Release of a suspect may be unreasonable given the circumstances of the individual and/or type of offence investigated

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Refusing bail fail to appear in court commit a further offences endanger the community interfere with witnesses pervert the course of justice. In most cases, bail is also refused if: murder, treason, trafficking/cultivation

of a drug of dependence, importation offences.

the offender is already serving a sentence

the accused has failed to attend court while on bail in the past

the charge relates to trafficking or cultivation of a drug of dependence or importation offences under the Customs Act 1901 (Cwlth). Furthermore, the law provides that, in cases involving the importation of commercial quantities of a narcotic drug, exceptional circumstances must exist before bail is granted.

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Surety

Surety ordered in circumstances where extra conditions are required to ensure a person will appear at court

Surety ensures the appearance of the accused to court

Provides a financial guarantee

Has a responsibility that bail conditions are adhered to

Case study – Renate Mokbel (P.300) – Q 7 (P.301 – Discussion)

Fly be Free

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Remand

If bail refused, unable to fulfil bail conditions or suitable surety cannot be found you will be held in custody.

You are still presumed innocent but are held in custody

If found guilty, time on remand is deducted from the sentence

If Innocent no compensation available. i.e., Mick GATTO

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Your Turn

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