What does bail mean, and how is it imperative to the justice system?

Bail is a temporary release, granted by the police, to allow defendants to stay out of custody while awaiting trial. Bail is crucial to the justice system, as it protects everyone’s right to be presumed innocent until proven guilty, while still guaranteeing public safety.

Factors to consider

The police ultimately grant bail, and when deciding to do so, they consider multiple factors:

1. The nature and seriousness of the offence – for example, offences like rape and murder will not be granted bail, unless the court decides that the defendant does not pose a serious risk to the public.
2. The defendant’s own criminal history – especially on whether the defendant has any previous failures to attend court.
3. The probability of the defendant fleeing the area and not attending the court hearing.
4. Any potential risk to public safety, including the risk of reoffending or interfering with witnesses/complainants.

Bail conditions

Often, bail will come with strings attached to make sure the defendant fulfils certain factors. Conditions could include living at a particular address, not speaking to witnesses or visiting specific areas, following a curfew, reporting to the police station regularly, or even surrendering one’s passport so they cannot leave the country.

Time limits

Bail is a limited release – which means that the hearing has to happen once the bail period ends. Ideally, the time limit is used to grant the police enough time to gather evidence and further conduct their investigation after the arrest was made. In October, 2022, the time limits for bail changed – bail can be assigned for up to three months, and can be extended for up to six months by an officer. If a Superintendent approves, bail can be extended up to nine months. Anything more than that, and the police will have to get a magistrate to sign off on the extension.

By limiting the maximum extension limit to nine months, the goal is to make sure that cases go to trial and are resolved without being overly delayed, and contributing to an ever-growing backlog of court cases.

However, instead of being released on bail, a defendant can be released under investigation (RUI). The difference is that with an RUI, there are no set conditions. It also means that there is no time limit, so there’s no guarantee that the case will be resolved in three months. Though there are no restrictions placed on the defendant, it can be anxiety-inducing to have no set timeframe of the results of the investigation.

Key steps in obtaining bail

1. Initial arrest: The defendant may be granted bail at the initial arrest, based on the above-mentioned factors.
2. Custody officer: If not, the custody officer at the police station may grant or deny the defendant’s bail.
3. Bail hearing: If bail is denied, the defendant can request a bail hearing before a magistrate, who will then decide to approve or deny bail – this is the final step in granting bail, which means that if a magistrate denies it, then that’s the last option available.

Top tips to secure bail

In the unfortunate scenario of your arrest, your solicitor’s first goal is to help you get bail – being able to move around (relatively) freely and avoid major disruptions to your life is a major win, especially because there’s no way to determine how long the police will take for their investigation. Since bail lasts for months on end, securing your freedom is the top priority – remember, this is before a trial, so guilt has not been proven, or founded.

1. Strong community ties: Ideally, you can demonstrate strong ties to the community, to the police officer or magistrate. This would include something like having a stable job, having dependents to care for, a long-term relationship or family members you value – anything that proves that you’re not a flight risk.
2. A well-prepared application: Work closely with your solicitor to submit a thorough, well-prepared application, complete with any evidence, to help you get bail. This can also include character references from friends, family, and loved ones that point to your good nature and willingness to follow the rules.
3. Offer a surety, if possible: A surety is essentially someone that’s willing to pay the court a fine if you fail to follow any bail conditions. Of course, this may not be possible, based on your finances, but it does provide another instance of reliability and trust with the police officer/magistrate.
4. Comply with the conditions: Armed with a well-prepared application, try and demonstrate a willingness to follow conditions. Essentially, this means to stay calm and agreeable, and stay on top of any conditions imposed, like a curfew or reporting to the police station.

Conclusion

Understanding the bail process is crucial for anyone who’s been arrested and is facing criminal charges, because it can severely impact your life, freedom, and your court case. Successfully following bail conditions can help you prove your character to the judge, which ultimately affects your outcome with the case. By familiarising yourself with this process, working closely with your solicitors, and keeping a level head, you can better navigate the complex legal system and ensure that your rights are protected.

Article written and contributed by: Stuart Miller Solicitors

DISCLAIMER: This article should not be regarded as constituting legal advice in relation to particular circumstances, and is merely a general comment on the relevant topic. If specific advice is required in connection with any of the matters covered in this article, get in touch with Stuart Miller Solicitors direct