Bail refers to the conditional release of an accused person from custody while they await the outcome of a criminal case. The release is dependent on the individual agreeing to attend court hearings as required.

A bail undertaking is a legally binding promise that the accused will appear in court on a specified date and time. In addition to this, the accused may be subject to additional conditions that must be met.

Bail allows the accused to stay within the community while awaiting the next phase of the legal process. However, if bail conditions are breached—such as failing to attend court—it becomes a criminal offence and can result in imprisonment.

In Western Australia, the Bail Act 1982 governs the law surrounding bail, along with various appeal cases decided by the Supreme Court and Court of Appeal.

In WA, bail can be granted by either a judicial officer, such as a judge or magistrate, or the police once an individual has been charged.

After the police finish investigating the charges, they must consider whether the accused person should be granted bail before their first court appearance. If the police refuse bail, they are required to bring the accused before a court as soon as practical so that they can apply for bail before a judicial officer.

If your case is resolved on the first appearance, bail may not be required.

However, if your case requires multiple court appearances, the court will determine whether bail is necessary.

If granted, your bail conditions will be outlined in writing and must be signed before release.

When considering a bail application, the court evaluates several factors to determine if bail should be granted.

The primary consideration is whether the accused is likely to attend all required court hearings. If there is a risk the accused might flee interstate or overseas, they are considered a “flight risk,” which could impact the decision.

Other factors considered by the court include:

• The likelihood that the accused may interfere with witnesses or obstruct justice.

• Whether the accused may commit further offences while on bail.

• The potential threat to public safety, welfare, or property if the accused is released.

• The need to protect the accused from harm or danger.

• The seriousness of the alleged offence, which may make granting bail inappropriate.

The court will also take into account the accused's criminal record, the nature of the offence, the strength of the evidence, and any other relevant factors such as the accused's character, financial situation, or living arrangements.

An experienced criminal lawyer in Busselton can help ensure that all favourable factors are presented to the court to improve the chances of being granted bail.

When bail is granted in Western Australia, the accused may be subject to specific conditions, which can vary depending on the case.

Common bail conditions include:

• Surety: A third party may be required to guarantee the accused's appearance at court.

• Reporting to Police: The accused may need to report to a police station on specific days.

• Surrendering Passports: The accused may be required to surrender their passport to prevent international travel.

• Residence Condition: The accused may need to stay at a specified address and seek court approval to change it.

• Curfew: A curfew may be imposed, requiring the accused to remain at home during certain hours.

• Home Detention: The accused may be required to remain at home under strict conditions.

• Cash Bonds: A cash deposit may be required to secure bail.

• Protective Bail Conditions: To ensure the safety of victims or witnesses, the court may impose conditions to prevent contact or proximity.

If bail is refused, the accused has two options:

1. Request a Bail Review: The decision to refuse bail can be appealed in the Supreme Court if there is a perceived error in the decision.

2. Apply for Bail Again: The accused can apply for bail again before the same court, but this requires demonstrating a change in circumstances or proving that the initial application was inadequately presented.

If bail is refused, the accused must often wait several weeks for the decision to be reviewed in the Supreme Court or for new circumstances to be established before reapplying.

Breaching bail conditions is a serious offence.

If the accused fails to attend court or does not comply with other conditions, they may be arrested and brought before the court.

If you miss a court appearance for a valid reason, such as illness, it is important to notify the court as soon as possible and provide supporting documentation, such as a medical certificate.

Breaching protective bail conditions, especially those designed to protect victims or witnesses, is a criminal offence and can lead to additional charges.

If you or someone you know is facing bail hearings, it is crucial to seek expert legal advice.

A criminal lawyer in Busselton can provide assistance throughout the bail application process, ensuring that the strongest possible case is presented and increasing the likelihood of bail being granted.

Legal representation is particularly important if bail is initially refused, as an experienced lawyer will help identify new evidence or changes in circumstances to support a reapplication.

For further assistance or to discuss your bail case, contact Boudica Criminal Law today. We are here to provide you with the legal support and guidance you need.