Frequently Asked Questions
Q: If I am charged with an offence will I get bail?
Like many criminal law matters, the granting of bail is different in each State and Territory.
As a general rule, there is a presumption that a person arrested and charged with an offence will be granted bail.
However, like everything, there are some exceptions. Where a person is charged with murder, serious drug offences or multiple serious property offences, there may be a presumption against the person receiving bail.
There are many factors that will be considered when an application for bail is determined. Some of these will include:
- the likelihood that you will or will not appear in court. In determining this the court will consider you family and community ties, the circumstances and seriousness of the offence and any previous failure to appear in court;
- your interests, for example, if you do not receive bail, how long you may be required to spend on remand, if you need to be free to prepare your case, or any other special circumstances you have;
- the need to protect the welfare of the community. In determining this the court may consider the likelihood you will commit further offences while on bail, the likelihood you may interfere with jurors and evidence, whether you were on bail at the time you committed the offence in question.
Whether or not a person will receive bail will depend upon the facts of the case.