Realist Law - Criminal Lawyers Brisbane

Who should get Bail?

Bail Application Considerations

While learning about bail application-

Thomas J in Williamson v DPP [1999] QCA 356:

“No grant of bail is risk-free. The grant of bail however is an important process in civilised societies which reject any general right of the executive to imprison a citizen upon mere allegation or without trial. It is a necessary part of such a system that some risks have to be taken in order to protect citizens in those respects. This does not depend on the so-called presumption of innocence which has little relevance in an exercise which includes forming provisional assessments upon very limited material of the strength of the Crown case and of the defendant’s character. Recognising that there is always some risk of misconduct when an accused person or for that matter any person, is free in society, one moves to consideration of the concept of unacceptable risk.”

It appears that, stable accommodation and job, close tie with family, no prior history are the most important among other important factors when considering suitability to be released on bail.

PLEASE NOTE

I am not an admitted lawyer. These contents are simply what I have learned during my work experience duty and through study. Please DO NOT consider any of my content as advice.