Challenging Bail Application

When the Police or Court issues bail against a suspect or a defendant the conditions imposed may be unduly restrictive or have a devastating impact on your daily life. When a defendant applies for bail or a bail variation, the Court will usually decide on the basis of whether the defendant is likely to fail to return to answer bail, and they will also decide whether any further conditions are necessary.

Challenging bail application experts

Factors the Court will consider are:

  • Whether the defendant has a previous record of failing to answer bail
  • Whether the defendant has ties to the community
  • The seriousness of the offence, and strength of the evidence
  • Whether the defendant has a recent history of offending while on bail
  • Whether the defendant is at risk of or previously interfered with witnesses



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