What is Bail?
If charged with an offence in Western Australia, you have a right to have bail considered. Unless the offence is serious, a person charged with an offence by police will ordinarily be released from the police station and will receive a summons or court hearing notice to attend court on a certain date. If the police do not grant a person bail, the person must be brought before a court where they can apply for bail.
What is the Purpose of Bail?
In WA, there is a presumption that a person is innocent of any charge unless they either admit it or the charge is proved against them. Unless you are charged with murder or related offences, generally a person accused of a crime should be released into the community before their trial in order to prepare their case.
Even if the alleged offending is serious, the incentive for the person to leave the state due to the potential consequences of conviction (ie a long term of imprisonment) is primarily what requires an accused person to be remanded in custody, not that they are alleged to have committed a crime that is serious.
How is Bail Considered?
When your bail application is heard the court will consider the following:
- Will you offend again?
- Will you endanger any witnesses?
- Will you fail to appear at court on the next occasion?
The court also looks at your personal circumstances, what will happen if you are convicted, the strength of the case against you, the likely time before trial, and whether the integrity of the trial process needs to be protected.
However, the court also has to look at any conditions it could impose on you without refusing bail that would satisfy the court you will appear at future court events, not endanger any person, or interfere with people related to your trial.
If granted bail it is important to demonstrate to the court you can comply with any obligations of bail throughout the court process and will attend the ultimate trial.
How We Can Help
While it is important to understand how the bail process works, you can benefit from representation from a criminal defence lawyer with the expertise to ensure the best possible outcome for your bail application. At Kate King Legal our team of experienced criminal lawyers can make this application on your behalf in court and can help you in advance of the court hearing in gathering all of the evidence that will most assist.
For a free 15 minute consultation call us now on (08) 9467 3333 or click here to fill out an online enquiry.