If the court is closed, the police can get a bail justice to come to the station. A bail justice is an independent person (not a police officer) who decides whether you should be bailed. However, if the bail justice refuses you bail, you stay in custody until the police can take you to court.
When you get bail you have to sign a form acknowledging your bail and its conditions before you will be released. If the police don't want to let you go or give you bail, then you will be brought before a court where you can ask the court to give you bail.
When an accused person is granted bail, they must enter into a bail undertaking. The undertaking is a legally binding written promise to fulfil all conditions attached to the bail conditions and attend court on the scheduled date and time. If the court agrees to bail, several conditions can be attached to the bail.
Do you get bail money back in Australia? Yes, your bail will be refunded in full providing the bail conditions were not breached. Bail is an agreement to attend court to answer a criminal charge. Often when bail is granted, a number of conditions are applied to the bail undertaking.
Arrest: If you breach bail conditions, the police may arrest you and bring you before the court. New charges: Breaching bail conditions is a criminal offence and may result in new charges being laid against you.
If you are arrested, the police must inform you of the reason for the arrest and must provide you with the opportunity to contact a lawyer. You also have the right to remain silent during questioning, and anything you say can be used as evidence in court.
Accused people can apply for bail at any stage between being charged and when their charge is finally heard in court. If they are refused bail, they can apply again at any time if they are able to tell the court about 'new facts and circumstances'. An accused person is someone who has been charged with a crime.
There is no set amount for bail charges, the amount or value of the property is generally based on a few considerations, including: The severity of the offence. The more serious the nature of the offence the. higher the amount of bail will probably be.
Obtaining bail means that you will be allowed to go home and continue your normal life while you wait for your court date, subject to certain conditions. If you are refused bail in NSW, you will be required to remain in custody on remand while you await your trial.
If you are on bail and subject to conditions, you will generally not be allowed to travel overseas. This can however be overcome by making a bail variation application to the Court. Police and the Court will usually be reluctant to allow you to travel overseas while you are on bail.
There is no set federal law that tells states and localities when they must arraign a defendant, but most areas provide the accused with their first appearance in front of a judge between forty-eight and seventy-two hours after booking.
If you have missed your Court date and have been found guilty in your absence, you may be able to have the decision annulled (cancelled) and re-heard. In order to pursued the Court to annul the decision, you must be able to provide a good reason as to why you missed the date.
Your bail money will be refunded by an electronic funds transfer (EFT) to a nominated banking institution. This is irrespective of whether you originally deposited the bail money in the form of cash. You can seek to have the money paid to a third party such as a solicitor.
Usually you'll be granted bail unless the prosecutors can show there is an unacceptable risk of you committing further offences or failing to appear. In some cases, you may have to “show cause”—meaning you won't get bail unless you can show the court your imprisonment isn't justified.
A common reason that a person might have their bail refused is the seriousness of the offence, the fact they have a history of not attending court once granted bail of breaching bail conditions or if they are considered a threat to the community or other nominated individuals.
Overview. The legal burden of proof which rests on the prosecution requires proof beyond reasonable doubt of each element of the offence and disproof beyond reasonable doubt of any defence, exception, exemption, excuse, justification, or qualification.
If you break any of the conditions of your bail, you could be arrested, fined or sent to prison. You could be arrested and sent to prison for up to two years. The court could also make you pay a fine.
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While imprisonment plays an important role in Australian society, the report finds that prisons are expensive. They cost Australian taxpayers more than $5 billion per year, or more than $330 per prisoner per day.
The police can give you bail at the police station. You can also ask for bail. The police must take you to court within a reasonable time so that you can apply to the magistrate for bail. The magistrate will decide if you get bail.
An adjourned Undertaking or Good Behaviour Bond as it is commonly known in Victoria, is where a Judge or Magistrate finds the charge/s proven upon a promise by the offender to be of good behaviour for a period of time. The offender must sign a document making the promise to the Court.
Any indictable offence in the course of committing which the accused, or any person involved in the commission of the offence, is alleged to have used or threatened to use a firearm, offensive weapon, or explosive as defined by section 77 of the Crimes Act 1958 .
One way the police can track a phone is through the use of a warrant. A warrant is a court order that authorizes the police to search for and seize evidence. To obtain a warrant to track a phone, the police must demonstrate to a judge that there is probable cause to believe that the phone contains evidence of a crime.
As we mentioned earlier, the law only allows police to hold onto seized items for as long as reasonably required to for an investigation. If you are not accused of a criminal offence and have had your phone seized, you can get in contact with the police station it's stored at and reclaim your seized phone shortly.
Are the police allowed to enter my home without a warrant? In Victoria, Australia, the general rule is that police officers require a warrant to enter and search a private property.