Bail Applications

If you have been arrested by the police it is important that you ask to be released on bail.
What is bail?

Bail is a process which is regulated in Western Australia by the Bail Act 1982. It is where you make a promise to the Court that you will turn up at each court date until your case is finished.

The police or the court may also put certain conditions on your bail such as:

• Not to consume alcohol.
• Not to communicate with a particular person or persons, or
• Restricting you from leaving your residence at certain times of the day or night (curfew).
• Report to a police station a number of times a week.
• To live at a specific address.

The Police or the Court may also require you to provide a surety. A surety is someone who is prepared to make sure you attend court and puts up a large sum of money which will be given to the Court if you do not attend.

The Court considers many things in determining whether a person should be granted bail and includes whether:

• the person is likely to turn up to court on the next court date
• the person is likely to commit further offences while on bail
• the person might endanger the safety, welfare or property of another person and
• any bail conditions can be imposed to lessen the likelihood the person doing any of the above.

The Court also looks at:

• the seriousness of the charges and whether the person if convicted is likely to receive a term of imprisonment
• the character of the person, and any previous criminal record.
• Whether the person works and has family dependants
• The persons financial position and whether they have a place to live
• The strength of the evidence against the person.

If your bail is refused it is important to remember that bail will only be granted in limited circumstances. These circumstances could be a change in the police evidence or a change in your personal circumstances such as parental responsibilities.

It is also important to know that if you are on bail for a serious offence and you are further charged with a second serious offence while you were on bail for the first offence, you will be caught by schedule two of the Bail Act 1982. The Court will require you to show exceptional circumstances as to why you should not be kept in custody.

Serious offences include; grievous bodily harm, burglary, stealing motor vehicles and breach of protective bail conditions.

We recommend that you first speak with one of our lawyers before you attempt to make a bail application.