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ARTICLE · 23 NOVEMBER 2016

What you need to know about bail

Bail is the term used to describe the release of any accused person awaiting a trial, when charged with an offence.

AustraliaCriminal Law

Bail is the term used to describe the release of any accused person awaiting a trial. If you have been charged with an offence, Police must make a decision as to whether to release you on bail or keep you in custody.

If the police refuse to give you bail, they are required to take you to court as soon as possible so that you can make an application for bail to the court.

Will I get bail?

In order for the court to give you bail, it must assess:

  1. Whether you need to show cause

If the court determines you must show cause then this means you must satisfy the magistrate as to why locking you up is not justified.

  1. Bail concerns

The court must also consider:

  • Your background and criminal history;

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