Bail applications: New facts and circumstances

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

An example, if when a lawyer represents a client and a Magistrate or Judge refuses bail. We can only make a further application if new facts and circumstances arise after 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

The same Magistrate or Judge will almost always hear the new bail application.

More Areas Of Expertise

Record of Interview Advice

Sexual Offences

Bail Applications

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.

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Criminal Defence

Having the advice of an experienced criminal defence lawyer, can give your case the best possible chance of success. Your lawyer can provide you with advice about dealing with the police – even before charges are finalised, so that you do not inadvertently harm your defence

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Drug Offences

There are different categories of drug offences, depending on the substance and the quantity. In some cases, the difference between a charge of possession and the far more serious charge of trafficking depends on the skill of your lawyer.

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Property Offences

Slades & Parsons Solicitors have extensive experience in defending people charged with theft and deception-related charges. These range from minor shop-thefts and possessing suspected proceeds of crime to large-scale social security frauds, aggravated burglaries and armed robberies.

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Record of Interview Advice

Police ask many people to attend a police station for an interview about criminal allegations. Generally this is not arrest but a “taking into custody”. Under the Crimes Act (Vic), police must read you your rights and, if necessary, explain them before they can question you.

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Sexual Offences

In Victoria, the Magistrate Court, Children’s Court, and the County Court each have a specialised list for sexual offence proceedings. Penalties for sexual offences can be severe, and are increasing as time goes on.

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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 applications in the criminal law, Slades and Parsons Lawyers offers expert assistance in all bail matters.

Slades and Parsons Lawyers are experienced in preparing and conducting bail applications in all courts and appear regularly on behalf of our clients. We carefully analyse our client’s situation and the prosecution case. Slades & Parsons work closely with organisations that can provide support or treatment and enhance your chance of a successful bail application.

Our lawyers are happy to discuss any questions you may have about applying for bail. We will make a further application for bail if it has been refused.