Wondering about how much bail costs in Australia? If you’re charged with a criminal offence, you might be offered bail. But what exactly does that mean for you? Simply put, bail allows you to stay out of jail while you wait for your court date.
You won’t have to sit in prison until your case is heard. Instead, you can go home, often with a few conditions attached. One common condition is paying a certain amount of money or offering property as a guarantee that you’ll show up in court when required.
As long as you follow the bail conditions and appear in court on the set date, you’ll get this money back. KPT Legal is here to help you understand how bail works and what you need to know.
How Much Does Bail Cost in Australia?
Bail amounts can vary widely in Australia. There’s no fixed price for bail. Instead, the amount depends on several factors:
The seriousness of the offence. Generally, the more severe the crime, the higher the bail.
- Your financial situation.
- The chances of you following the bail conditions.
- The likelihood of you attending court when required.
Talking to a criminal defence lawyer is a smart move to understand your potential bail costs.
Will I Get All My Bail Money Back?
Yes, you can get your bail money back. If you follow the bail conditions and appear in court as required, you’ll receive a full refund once your case is settled.
To reclaim your bail money, you need to visit the court where your case was finalised and get a Notice of Outcome, confirming the case is closed. Then, take this Notice to the court where you posted bail. Often, court staff will even fax the Notice to the ‘bail court’ for you, speeding up the refund process.
Your refund will come in the form of a cheque. If you put up property or title deeds instead of money, the process is a bit more complicated.
Will I Automatically Get Bail?
No, bail isn’t guaranteed. Whether you get bail depends on your case’s specifics.
For many offences, there’s an automatic presumption of bail, meaning you’ll likely be granted bail. However, for more serious crimes, there’s a neutral presumption. This means there’s no automatic decision for or against bail. In such cases, your lawyer must convince the court that granting bail is appropriate.
For very serious offences, like murder or major drug crimes, there’s usually a presumption against bail, making it harder to obtain. The court will consider tests like the ‘show cause test’ and the ‘unacceptable risk test’ to decide.
What Factors Are Considered When Determining Bail?
First, the applicant’s background, including their criminal history and ties to the community, is reviewed. The nature and seriousness of the alleged offence are also critical. Strong evidence against the applicant can weigh heavily in the decision.
The court examines whether the applicant has a history of violence or has previously committed a serious offence while on bail. Past compliance with orders, like bail conditions or parole, is also important.
Warnings from police about failing to comply with bail conditions are considered. Associations with criminal or terrorist organisations can impact the decision. The potential length of custody if bail is denied and the likelihood of a custodial sentence upon conviction are also reviewed.
The applicant’s special needs, such as being a First Nations person or having mental health issues, are considered. The need to prepare for court or seek legal advice is also important.
Victim impact is another factor. In serious offences, the views of victims or their families can influence the decision. Available bail conditions to address any concerns are also considered.
What is the ‘Show Cause Test’ and When Does It Apply?
Show cause test is crucial in deciding bail for certain cases.
According to section 16A of the Bail Act, a court must refuse bail unless the applicant can prove that staying in detention isn’t justified. Section 16B outlines when this test applies.
The test is triggered by several serious offences, including:
- Life imprisonment offences.
- Serious indictable offences, like sexual offences against minors.
- Violent crimes, such as wounding or grievous bodily harm, especially if there’s a past conviction for a similar offence.
- Firearms offences, including unlawful possession or use.
- Drug trafficking and manufacturing offences, particularly involving large quantities.
- Serious offences committed while on bail or parole.
The test also covers attempts or involvement in these crimes.
Recent cases show that applicants don’t need to prove something exceptional about their situation. Instead, a combination of factors can be enough to pass the show cause test.
Understanding the ‘Unacceptable Risk Test’ for Bail Decisions
If the show cause test is passed or doesn’t apply, the next step is the unacceptable risk.
Section 17 of the Bail Act outlines this test. Before granting bail, the court assesses if the applicant, if released, might:
- Fail to appear in court.
- Commit a serious offence.
- Endanger the safety of others.
- Interfere with witnesses or evidence.
If the court believes bail conditions can manage these risks, bail is granted. However, if the risks can’t be mitigated, and are thus deemed unacceptable, bail will be refused.
Bail in Australia: Your Freedom, Explained
The cost of bail in Australia changes depending on your case. It’s not always given, and sometimes you must show why you should get it. If you follow the rules, you’ll get your money back later.
Courts look at many things before deciding on bail. It can be tricky to understand.
Need help? Don’t go it alone. Contact KPT Legal today. Discovering how much does bail cost in Australia plays an important role in understanding your options. Our experienced team can guide you through the complexities of bail and work to secure the most favourable conditions possible. Let’s work together for the best result in your case!
*Disclaimer: This is intended as general information only and not to be construed as legal advice. The above information is subject to changes over time. You should always seek professional advice before taking any course of action.*
