Bail applications: New facts and circumstances

Bail is now becoming a highly complex area of the criminal law and recent years have seen many changes in the legislation that affect bail applications.

For example, if a client has been represented by a lawyer and bail was refused by a Magistrate or Judge, a further application can only be made if there are new facts and circumstances that have arisen since the first application.

“… the new facts or circumstances must be of such a nature that they are relevant to bail and justify a conclusion by the Court that reconsideration of the [previous] refusal of bail is required …” Mokbel v DPP

A new bail application will almost always be heard by the same Magistrate or Judge who heard the original bail application.

Bail application: Case study

Slades and Parsons solicitor Ms Dubroja acted for a client who had been charged with a number of offences, including aggravated burglary, drug and dishonesty offences. The offending breached a Community Correction Order.

Ms Dubroja arranged community and court supports, including participation in a court-supported bail program, a suitable address, strong family support and counselling support. Our office submitted that strict bail conditions would reduce the risk of our client reoffending or failing to appear.

Bail refused

The Magistrate agreed with all submissions but refused our client bail due to the seriousness of the offending and previous convictions for breaching bail and Community Correction Orders.

Our client was remanded in custody.

Bail granted

Ms Dubroja discussed further options with the client. Ms Dubroja organised for our client to undergo an in-custody assessment for a rehabilitation facility. When the client was found suitable for the rehabilitation program, Ms Dubroja negotiated with Corrections to allow our client to continue on the order so that the programs completed at the facility are credited to the Corrections Order.

On the basis of this assessment, new facts and circumstances were established and a further application for bail was made.

The Prosecution would not consent to bail and submitted the risk to the community was still too high. Ms Dubroja submitted that new facts and circumstances (the additional support of a rehabilitation centre) reduced the risk to an acceptable level. The Court granted our client Bail.

Slades & Parsons: Expert assistance with bail applications

With the increasing complexity of bail in the criminal law, Slades and Parsons Lawyers offers expert assistance in all matters pertaining to bail.

Slades and Parsons Lawyers are experienced in the preparation and conduct of bail applications in all courts and appear regularly on behalf of our clients. Careful analysis of a client’s situation and of the prosecution case is essential. We work closely with organisations that can provide support or treatment and enhance prospects for a successful bail application.

Our lawyers are happy to discuss any questions you may have about applying for bail or a further application for bail when it has been refused.