FAQs matching Bail Applications

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Why is committing an offence on bail deemed to be aggravating?

Practice Areas: Bail Applications, Criminal Law

Offences while committed on bail is considered as aggravating due to the fact that the individual has essentially reneged on a promise to the courts that...

What happens if a person commits an offence while on parole?

Practice Areas: Bail Applications, Criminal Law Matters

The Parole Board can deal with a person who breaches parole by committing an offence in a number of ways. First, if the accused has not been returned to...

Are police officers required to handcuff every person placed under arrest?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Apprehended Violence Orders, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Anti-Social Laws, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications, Criminal Law Matters

 There is no general rule or requirement that a police officer must handcuff a person who is being arrested. Furthermore, there is also no requirement...

What considerations does the court make when granting bail?

Practice Areas: Bail Applications

For minor offences which are not punishable by imprisonment, the issuing of bail is often not necessary, instead a person will be issued with a notice...

If I'm arrested, how much money will it cost to make bail?

Practice Areas: Court Appearances, Bail Applications

This depends entirely on what crime the Police have charged you with. In the event that the charge is more serious, it is reasonable to assume that the...

If I am charged with an offence will I get bail?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Resisting Arrest, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications

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...

What sentences can a court make?

Practice Areas: Court Appearances, Bail Applications

There are many sentencing options available for courts.  What is appropriate will depend on the offence committed and the circumstance of each offender. The...

What are the different courts in Australia and how do they work in criminal matters?

Practice Areas: Court Appearances, Drink Driving, Drug Offences, Assault & Battery, Traffic Matters, Robbery & Theft, Speeding, Drug Driving, Murder, Anti-Social Laws, Indecent and Sexual Assault, Sexual Offences, Weapons, Arson, Bail Applications, Local Government

Local and Magistrates' Courts Local Court and Magistrates’ Courts hear less serious matters and are heard by a Magistrate. The role of the Local...

What is the difference between a summary and indictable offence?

Practice Areas: Drug Offences, Human Trafficking, Weapons, Assault & Battery, Robbery & Theft, Arson, Drink Driving, Speeding, Drug Driving, Traffic Matters, Court Appearances, Resisting Arrest, Indecent and Sexual Assault, Murder, Sexual Offences, Bail Applications

In criminal law, you may often hear people talk about summary or indictable offences.  There is sometimes a distinction drawn between the two based...

What are my rights in relation to police searches and seizures?

Practice Areas: Court Appearances, Bail Applications

The law of search and seizure aims to strike a balance between protecting the individual's right to personal freedom and the effective law enforcement. There...

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