The accused person must apply for bail. They can do this at any time from when they are charged with the crime until the case goes to court. If they do not get bail, they can apply again. They must show the court that there are new facts and circumstances since the first time they applied.
If police don't give you bail, they must take you to the Local Court as soon as possible (usually the same day or the next day) for a Court to decide whether you should be released on bail. Bail is an agreement that you will attend court if you have been charged with one or more offences.
If you are given bail you have to sign a bail undertaking promising to come to court on the date that the police or courts tell you to. If you do not sign your bail, you can be arrested. You might also have to follow other rules called bail conditions.
Bail may be granted by police or by a court. The primary considerations when deciding whether to grant bail are ensuring that the accused attends court to finalise the charges and protecting the community and alleged victims.
Bail is an agreement that you will attend court if you have been charged with one or more offences. This agreement means that you won't be held in custody while the matter is in court. It may have one or more conditions that you must follow.
Common bail conditions live at a particular address. comply with a curfew. be on home detention (with or without electronic monitoring) be supervised by a community corrections officer.
If you plead guilty, the Court may give you bail in some circumstances. If you plead guilty or are found guilty and will be sentenced to full time imprisonment, the Court must refuse bail unless there are exceptional circumstances.
In most cases, there is a presumption in favour of bail. This means that when the police and the court are considering whether to give a defendant bail, they are required by the law to start from the position that the defendant is entitled to be released on bail.