Bail applications
Bail application lawyers in Adelaide for affordable, expert help
If you’re charged with an offence in South Australia, the police may either:
- Report you and then release you pending a Summons notifying you of a Court hearing for a minor offence, or
- Arrest you, which means they will take you into custody.
A Summons notifying you of a Court hearing can be served on you via post, email or another electronic form. The Summons will detail the first Court hearing date, and the charges filed against you. You will not be required to personally attend the Court hearing on the Summons if you instruct a lawyer to appear for you.
If you wish to be released from custody so you can live in the community while you wait for trial (or for the matter to be finalised), you must apply for bail under South Australian laws.
When deciding whether to release you on bail, the main consideration is the protection of the community.
Bail applications can be complex because bail conditions must be considered for each case. So, we recommend you get help from one of our bail application lawyers.
Contact us to learn more about how we can help.
Frequently asked questions about bail applications
What is a bail agreement?
When you’re granted bail, you agree to go to all the Court hearings for your case. You must also obey any other conditions that the Court (or the Police) impose while you’re released on bail and waiting for your case to be heard or finalised. The conditions will vary depending on what the Court or Police consider necessary to protect the public. This is known as a bail agreement.
What are bail conditions?
Every bail agreement has standard conditions, including requirements that:
- You won’t leave South Australia without permission, and
- You will attend all the Court hearings for your case.
Other conditions may also apply, depending on the circumstances of your case, for example:
- To live at a specific address
- To surrender your passport
- To report regularly to a police station or a corrections officer
- To comply with drug testing requirements
- To be subject to a curfew (meaning that you must be at a specific place, such as your home, during certain hours)
- Not to approach or communicate with certain people.
A broad range of conditions can be imposed under South Australian laws, and they will be set out in the bail agreement.
How do I get bail?
Under South Australian laws, there’s a “presumption in favour of bail.” This means that bail should be allowed unless there’s a good reason why it shouldn’t be allowed.
Often, the police will grant bail at the police station. However, for some offences, South Australian laws require that you’re brought to Court within 24 hours after your arrest. When this happens, a Magistrate will decide on bail.
Lawyers are not usually required for police bail. We become involved if the police refuse bail and you need to appear before a Magistrate.
It’s in your best interests to engage us to appear in the Magistrates Court. We can negotiate the bail conditions so that the bail agreement meets the requirements of South Australian laws. This is important because if a Magistrate refuses bail, your only options are to apply to the Supreme Court for a review of the decision (which is expensive), or to apply again to the Magistrate when there has been a change of circumstances.
If a Magistrate refuses bail, you will be kept in custody (on remand) until your matter finalises or there is a change of circumstances sufficient for a fresh bail application.
Are there any circumstances when bail won’t be granted?
Yes. Some offences are so serious that they have a presumption against bail. This means that bail will not be granted unless there are special circumstances. You would become a “prescribed applicant,” and it would be up to you to convince the Court that:
- There are special circumstances
- You should be released on bail (rather than the prosecution having to convince the Court that you should not be released on bail).
While the Court will consider each application on its merits, we’re increasingly concerned that presumptions against bail are increasing.
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Do I have to obey the bail agreement?
You must sign the bail agreement, which becomes legally binding. This means you must obey (or comply with) it.
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What happens if I breach the bail agreement?
If you breach the bail agreement, it means you have not obeyed (or complied with) one of the bail conditions.
When this happens, the police can charge you with breaching your bail conditions, punishable by up to two years’ imprisonment The punishment will depend on how serious the breach is, how similar the breach is to the initial charge and how serious the initial charge is. Often, a breach of bail will revoke the bail agreement so that you will be remanded in custody.
Need more information about bail agreements? Get in touch.
How we can help
Usually, lawyers can’t negotiate bail conditions until the bail agreement is before the Court. When this happens, we use our expert knowledge and experience to negotiate bail conditions that will allow you to live as normally as possible while still satisfying the legal requirements for community protection.
Having excellent legal help is often the difference between imprisonment and freedom while the charges proceed through the courts, so we recommend that you contact us as soon as possible after being charged if bail is a possibility.