Whenever you or anyone else among your loved ones is on the wrong side of the law, the first thing that you want to find out is whether the person is eligible for bail. But very few people may actually know what a bail involves.
In fact, for a person with limited knowledge of the law it is difficult to determine who may be eligible for bail and what are the legal processes involved in it. Bail laws in Australia are quite similar to the laws in Us, Canada, and New Zealand. However, there are minor changes with regards to the country or region you may be staying in.
Entire Western Australia including Perth however is covered by one homogeneous law which is applicable to everyone who falls under this jurisdiction.
But bail has many limitations and restrictions within it. During the period when the person who has been convicted under law, that is, the defendant is out on bail he shall be asked to maintain a number of restrictions He is therefore allowed to leave on the basis of certain terms and conditions.
In certain cases, the person may not be granted bail at all. It may be both very intriguing and useful for a person with limited knowledge of legal proceedings to find out and understand what these terms and conditions are or what are the conditions under which a person may be or may not be granted bail.
What is Bail?
If a person is found to be breaking some law he is taken into the custody of police immediately. However, there is some gap between the period when the person is arrested and the period when he finally appears before the court. Being arrested is already an emotionally stressful situation. But to spend it in jail may feel even worse. That is when bail comes into action.
A bail is a written document that promises that the person will appear before the court on a certain date. In some places it involves money or property that may be taken as a form of security against the bail. In case the defendant is unable to act upon the conditions of the bail bond, the property or money automatically lapses.
During the period that the defendant is out on bail, he is allowed to return to the community and stay with their family and loved ones and carry out their businesses or service. Under some circumstances, bail may also be offered to someone who has been found guilty and is waiting to be sentenced. For those who are waiting to be taken for trial, this period offers an excellent opportunity to consult with the lawyers regarding the case in the comforts of their own house. If the lawyer has an intimate knowledge with regards to the circumstances, he can easily turn the case in your favor.
Eligibility for bail
Almost all courts in Australia have a certain right to bail or presumptions in favor of a bail. However, a bail is not available if the person has been charged under some grave criminal offence such as treason or act of terrorism. It is only granted to the people whose presence in the society won’t harm others. For this, the mental state of the person is also taken into consideration before granting bail.
Limitations of a Bail
However, being granted a bail does not mean freedom from all charges and responsibilities. Bail is only a temporary relief which may be cancelled by the authority at any time if you fail to follow the rules set out before you. Schedule I part D of the 1982 Bail act specifies the limitations that may be imposed in respect to the cases.
The number of limitations by which a defendant is bound may vary slightly in all cases. However the chief obligations of the person are:
• During the period of bail, if the defendant breaks law in any other way the bail may immediately be canceled.
• The Defendant has to meet the community correction leader at regular time intervals
• The defendant must also allow the community correction officer into his home and work place.
• The defendant must appear before the court of law as and when asked, failing which lead to immediate termination of bail apart from other serious consequences. It may also leave its impact on the probability of a person to be granted bail again if he is accused in some other case. Heavy fines may also be imposed.
Apart from these standard restrictions many other restrictions many also be imposed during the bail period. In case of famous personalities they may also be forbidden from appearing before the television.
Which Act decides Your Bail?
In Western Australia, the entire bail proceeding, its procedures, and principles are guided by the bail act of 1985.It is through the guidelines provided under this Act that it is decided who is eligible to
Police Bail Vs Court Bail
The decision of granting a bail depends firstly upon the police officer. The decision of the police officer is guided by factors such as the likelihood to appear before the court on given, the potential danger to others in the community, likelihood to tamper with evidence or influence witnesses and the probability of defaulting again while on custody. If the police is satisfied that the defendant will follow the terms set out in the Bail, then he may be let off on “Police Bail”. In the police bail, the defendant has to sign an undertaking where the limitations have been listed.
If not, the person must be taken before the court at the earliest date possible. It is in this situation that a lawyer for bail application must be approached. The lawyer can then file appropriate applications and the defendant may be let off on a “court bail”.
Legal help is necessary
However, in the certain cases even the court may reject an appeal for bail if the application has not been properly put or the crime is extremely grave in nature. While in the latter nothing much can be done for the time period, in case of the former it is always possible to avoid any glitches in the application by employing the best criminal defence lawyers in Perth.
If you or any one close to you are going through such a situation, get in touch with the best criminal lawyers Perth at the earliest and they are sure to assist you in the best way possible.