In Australia personal freedoms are often taken for granted. We expect freedom of press, of religion, freedom of expression, freedom of speech. When it comes to the criminal justice system, there are some important basic safeguards to these freedoms. They include the presumption of innocence.
A charge is an unproven allegation. A person cannot be criminally punished (i.e. jailed) unless the offence charged against them is proved, beyond reasonable doubt. We would expect nothing less if it were us, our friends or our family in that horrible position.
Bail is an important process that reflects the values of our civilised society that reject the government having a right to imprison us upon a mere allegation, or without trial.
No grant of bail is risk-free. The mechanism of bail recognises that some calculated risk must be taken to protect the rights of unconvicted accused. Otherwise, our criminal justice system will be tyrannical; the kind of horrible position we see in countries that don’t protect the rights of its people.
Courts are governed by laws set by Parliament. The Bail Act contains a framework that guides Judges in balancing the risks attending a grant of bail with the personal interests of a defendant. The central concept is “unacceptable risk”. The facts of each case must be individually examined. Bail may be refused if the police establish there is an unacceptable risk the defendant will fail to attend the court, commit an offence on bail, interfere with a witness or endanger the community.
In many cases, the risk associated with bail can be met by the imposition of conditions, including curfews, residential conditions, reporting to police, medical examinations and sureties. It is wrong to deny a person bail because an iron-clad guarantee that there is no risk cannot be provided.
Securing bail for someone accused of a crime is usually the first and most important step in the protection of a client’s rights and liberties.
The prospect of being remanded in custody without bail is a daunting one. To ensure your best case for bail is placed before the court at the earliest opportunity contact ROG for a free case appraisal: Book Here.
We also have a page specific to bail applications and how we can help you manage the process efficiently.