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Court Bail

Any time a person appears before a court, that court has the power to grant bail. This is true whether:

  • the person has not yet been tried or committed for trial
  • the person has been convicted of an offence but has not yet been sentenced
  • the person has been convicted and sentenced but intends to appeal
  • the person has been found not guilty due to mental incompetence, and has been declared liable to supervision, but final orders about the terms of supervision have not yet been made
  • the person is appearing in court for failing to observe a condition of an agreement (such as a bond) .

Even if a person is not already in custody a court may require them to enter into a bail agreement before they are free to leave the precincts of the court.

The duty solicitor can help people in police custody to apply for bail in the Magistrates Court or the Youth Court. People in custody who need this assistance may include:

  • people arrested on outstanding warrant of apprehension issued due to prior failure to answer bail or summons, or because the whereabouts of the person was not known so they were not able to be summonsed. SEE WARRANTS
  • people arrested on fresh charges and refused bail by the Watchhouse sergeant.
  • a combination of the above. The person may have been arrested on a fresh charge and a warrant check will have revealed that he/she also has outstanding warrants people arrested for breach of bail agreements.
  • people who have been unable to satisfy a condition of bail previously set (such as a condition requiring a guarantor).
  • people who are to appear in court as a witness and have been arrested on a warrant because they have failed to attend court in answer to a witness summons.
Court Bail  :  Last Revised: Wed Jun 16th 2004




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