3. Case Study : Criminal Case

3.4. Bail

Bail is the authority to be at liberty for an offence until the proceedings for the offence finish. Bail can be granted to any person accused of an offence or where a person is required to appear in court as a witness but has been arrested to secure their attendance. Whether or not bail is required at all, whether it will be granted, and any conditions that are to apply, are decided soon after the person has been charged, first by a police officer and later by a court. Subject to certain conditions that decision can be revisited or appealed. 

 

Once granted, bail continues until revoked or varied. If bail is granted to a person in custody they are released once any pre-release conditions are met. The right to bail is dealt with in the Bail Act 2013 (NSW). Section 17(3)(j) of the Bail Act 2013 (NSW) requires the bail authority to take into account any special vulnerability or needs the accused person has being an Aboriginal or Torres Strait Islander when considering bail.[1]


[1] For more information on bail, refer to the bail unit