It is often the case that upon being charged with a serious offence, the NSW Police or the policing authority will refuse to grant an accused person bail. This means that the person is held on remand and will be subjected to either a police holding facility or prison whilst their guilt, innocence or sentence is determined by a court. There are many factors which police look at when determining whether or not to grant bail. It is also a common occurrence that when police exercise their power to refuse bail, they do so unreasonably and without regard to the individual's presumption of innocence.
In these common occurrences, an accused person will often engage a lawyer to make a bail application on their behalf. That is, an application to restore the person’s liberty whilst justice takes its course. This ensures that there is a safeguard against unreasonable bail decisions by police.
Specifically, such an application is made to the court pursuant to the criteria and provisions of the Bail Act 2013 (NSW).
When faced with a situation where a bail application needs to be made, it is important that you engage a legal representative that is capable of delivering fast and accurate advice. Aquinas More Lawyers regularly appears in bail applications in all courts of NSW. Our intimate knowledge in this area has allowed us to successfully obtain the liberty of our clients, many of which are ultimately acquitted of their alleged offence.