September 9, 2020
If a person is charged with an offence they may need to apply for bail. Bail is the process by which someone who has been arrested or charged with a crime, is released from custody. A person who is granted bail signs a bail undertaking making them legally bound to attend court when required. Failure to attend court may result in a bench warrant being issued leading to arrest.
An accused should speak with a lawyer before applying for bail to ensure all relevant details are presented to the court and avoid the risk of bail being refused.
The law and processes under which bail is applied for, considered, and granted is unsurprisingly known as the ‘Bail Act‘. The Bail Act categorises offences and those offenders who have been charged with them, based on their seriousness.
The seriousness of the offence plays a huge role in determining whether someone is granted bail or not.
Bail is at the discretion of the court and is primarily granted where the offences are deemed to be less serious and there are several of these offences outlined in the Bail Act. Rather than list every possible offence here the Act specifies where offenders have the right to release on bail. Examples of these include offences where any of the following apply: