When a person is charged with a criminal offence, the question arises as to whether the person will be released pending the hearing of the charges. The police can apply to a court to remand an accused person in custody, meaning that the person stays in jail until their case is heard. The police must bring the accused before a court as soon as possible or within 24 hours of charging them. It is at that time the accused can make a bail application. The Court then decides whether the accused person should get bail.
Bail is a promise by an accused person to attend court when required to do so. A release on bail often comes with conditions which might include living at a certain address, undergoing counselling, staying away from certain people or places, and so on.
In certain cases an accused is entitled to bail unless the police can establish they pose unacceptable risks. In more serious cases the accused person will have to establish the circumstances are such that their detention is not justified, or establish exceptional circumstances. These are complex legal concepts which require significant judgement and experience. The decision on when to make a bail application should be discussed with a lawyer as soon as possible. The outcome can have a big effect on the case.
When a person is charged with a criminal offence, the question arises as to whether the person will be released pending the hearing of the charges. The police can apply to a court to remand an accused person in custody, meaning that the person stays in jail until their case is heard. The police must bring the accused before a court as soon as possible or within 24 hours of charging them. It is at that time the accused can make a bail application. The Court then decides whether the accused person should get bail.
Bail is a promise by an accused person to attend court when required to do so. A release on bail often comes with conditions which might include living at a certain address, undergoing counselling, staying away from certain people or places, and so on.
In certain cases an accused is entitled to bail unless the police can establish they pose unacceptable risks. In more serious cases the accused person will have to establish the circumstances are such that their detention is not justified, or establish exceptional circumstances. These are complex legal concepts which require significant judgement and experience. The decision on when to make a bail application should be discussed with a lawyer as soon as possible. The outcome can have a big effect on the case.