Bail Applications

There have been some significant changes to the Bail Act 2013 in recent times.

When considering whether you have sufficient grounds for bail being granted, Austere Legal takes into account all factors that are relevant to you.

When making a bail application, the court considers whether the offence is a Show Cause Offence. If it is a show cause offence, the court must refuse bail unless the accused person shows cause why his or her detention is not justified.

If the accused person demonstrates why their detention is not justified, the magistrate or judge must make a bail decision in accordance with the Unacceptable Risk Test. To consider the Unacceptable Risk Test, the court takes into account, if you are granted bail:

• Whether you will fail to appear at any future court dates
• If you will commit another offence whilst on bail
• Is there a danger to the safety of the victims or the community
• And where applicable, if any witnesses or evidence will be tampered with

Following this test, the court then decides whether your risk can be mitigated by bail conditions.

The court considers your bail in accordance with whether you are a ‘flight risk’ and considerations in protecting the community, and where applicable, any complainants or victims.

Under the Bail Act 2013, the court has the power to:

• Grant bail conditionally or unconditionally
• Dispense with bail (where a person is released from custody without any conditions)
• Refuse bail

If your matter is pending in court, we can make application for bail for the purposes of having you reside at a residential rehabilitation facility if you have any underlying drug or alcohol problem.

Call Austere Legal on (02) 8897 3534 for a confidential appraisal of your bail application.