Applying for bail

Bail is the right to be released from custody, secured by a promise in writing to appear before a court (usually supported by a financial guarantee of appearance). It is used to grant freedom from police custody after arrest or in other circumstances, such as being in prison and waiting on the resolution of an appeal to a higher court. Most grants of bail are conditional and it is a criminal offence for the individual to fail to appear later.

Bail may be granted by the police at the station or judge of an appropriate court. It is not a universal right, even if a person would be capable of complying with any typically prescribed conditions. Failing to appear may also result in any money or assets placed as security being forfeited.

A lawyer is very important if you are serious about obtaining bail. Certain offences are harder to get bail for and a good advocate can help establish that you will appear later and do not represent a threat to the community. A lawyer can also help get the best financial conditions for your bail, helping to explain if a high level of bail is unsuitable in your situation. Although they cannot post bail for you, they may be able to recommend people who could support you and ensure that any conditions will not prove too complicated or difficult to meet. A lawyer is also vital in arranging a review of an unfavourable bail decision and helping an accused through preparations for a hearing.

There is no simple answer on how much bail can cost, although the more serious the charge, the larger sum of money the decision maker will expect to be placed at risk.

Read more related articles

• Bail Applications
• Court Appearances