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 partner, 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 Criminal law 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.
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:
In considering whether there is an “unacceptable risk” of any of the above, the court will have regard to matters including:
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.
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:
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 Criminal Law have the experience and ability to make these applications on your behalf.
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.