How does bail work?

Whether an individual will be subjected to bail will first depend on how the matter reached the Magistrate Court. If the individual was summoned to court, there is no obligation upon the court to impose bail and the court may decide to arrange simply for the individual’s attendance at any further court hearings without imposing bail at all. Where a person appears at the Magistrate Court following charge at the police station however, the court must remand that person. The Court may remand on bail or in custody.

Before any decision on bail is made the court will hear representations from both the crown and the defence. It will consider factors such as the nature or seriousness of the offence and the probable sentence if convicted, the individual themselves, their life situation and any antecedents including their record for answering bail in the past and the strength of the evidence against him. The Court must also consider whether they may alleviate any concerns it has by imposing any conditions on bail such as conditions to restrict the individual’s movements and allow for their monitoring by police.

Vardags will advise you in relation to bail and will help you to obtain bail where possible. We will highlight the facts which boost your chances of bail, including your ability to provide a financial surety to the court.