Just because your bail has been refused before, even on multiple occasions, does not mean that you cannot eventually be released on bail.
The question of bail is a complex one and depends upon a variety of factors. The court will look at:
- The seriousness of the charge(s) against you;
- The likely sentence;
- The strength of the case;
- Your criminal record;
- Your risk of reoffending;
- Whether you have previously breached bail;
- The delay to trial;
- Whether you are likely to interfere with witnesses;
- Whether home detention can alleviate any concerns the court has; &
- Any grounds put forth by the prosecutor to oppose bail.
You need a skilled lawyer to properly present your case for bail. It is critical that you present it properly the first time as subsequent bail applications require that you demonstrate changed circumstances or a failure to properly present your case for bail on the first occasion. These can be difficult to establish.
An ill-prepared or poorly presented application for bail can have the result that you sit in custody for a lengthy period when you could otherwise be free on bail. This is so even if you are ultimately sentenced to a non-custodial sentence. You cannot get back the time you spent on remand or receive any compensation for it. So the question of bail is critical to your case.
If your bail is refused in the Magistrates Court, you can apply to the Supreme Court for a fresh consideration of your bail.
At James Jackson Criminal Defence, we have successfully obtained bail for many clients including in cases that involved lengthy terms of imprisonment on conviction. We have obtained bail for clients who have repeatedly breached bail and other court orders. We have also obtained bail for clients in the Supreme Court when they had been unsuccessful in the Magistrates Court.
Don’t hesitate to contact us if you require a comprehensive and thorough application for bail to be made on your behalf.