If you are reading about bail it is most likely because someone you care about has been arrested and taken into custody, or you anticipate arrest and want to know what to expect. Applying for bail is one of the first and most fundamental steps in the criminal justice process. Whether you or someone important to you is held in custody or released (and any conditions attaching to that release) can be one of the most important determinations that will be made about your future.
The ramifications of being refused bail can be devastating to you and your family. Loss of work, income, benefits, contact with children and partners, and the effects of prison life on mental health are significant and severe. In recognition of this, we can meet with you when you are in custody and develop a customised strategy that will give you the best opportunity to secure your release.
The team at Rawlings McShane Lawyers have conducted countless bail hearings in front of Magistrates and both District and Supreme Court Judges. With bail applications being a “one shot” process (a material change of circumstances is required to be established before any further application will be allowed), it is extremely important to contact us as soon as possible to ensure that your application is the best it can be.
Bail Application Process
At an opposed bail hearing the prosecutor will submit evidence to the court to argue that you should be refused bail and held in custody.
In decisions over whether bail will be granted or not, the Bail Act 1980 (Qld) directs the court to consider whether there is an “unacceptable risk” that you would:
- Fail to appear in court in court
- Commit another offence
- Endanger the safety or welfare of the alleged victim or any members of the public
- Interfere with witnesses or obstruct the course of justice
In considering whether there is an “unacceptable risk” of any of the above, the court will have regard to matters including:
- The nature and seriousness of the offence
- Your character, antecedents, associations, home environment, employment and background
- Your previous bail history (if any)
- The strength of the evidence against you
- If the charge relates to domestic violence or order breaches, the risk of further such offending
In most bail applications, it is the prosecutor’s onus (or job) to convince the court to refuse bail and remand you in custody. However, in some circumstances the onus of which party needs to prove matters in a bail application is reversed and it becomes your responsibility to show why you should be released. In these situations, bail becomes significantly more difficult to secure and having expert bail representation becomes even more important.
If you have previously applied for bail and it has been declined, we can launch an application to the Supreme Court of Queensland to fight for release. While an application of this nature is not strictly an “appeal”, it is an application best made by lawyers well-versed in the jurisdiction’s formalities and requirements. We at Rawlings McShane Lawyers have the experience and ability to make these applications on your behalf.
How We Can Help
Our key function as your defence is to argue against the prosecutor’s submissions by presenting your information in a meaningful, relevant, legally admissible, and persuasive way. In building our strongest application for you to be granted bail, we will design and structure your submission so that:
- All relevant information is well presented and highlighted
- Your application is comprehensive, articulate, and evidence-based
- Legal issues are properly identified and argued
- Weaknesses in the prosecution’s case are identified and argued
- The right people and resources have been coordinated to present a strong release plan
- Where appropriate and/or required, supporting material such as letters of support, the availability of a surety, evidence of a medical condition, employment references, and the impact of a remand in custody are presented in affidavit form
Please note that what you have read above is a relatively basic insight into the bail process. There are numerous exceptions and nuances that apply to each individual case and, as such, it is important to consult us to discuss the specific circumstances of your application as soon as possible.