Whether you will be granted bail often depends on whether the offence you are accused of is a “show cause offence.” A full list of show cause offences is outlined in section 16B of the Bail Act NSW 2013 (“the Act”). If you are accused of a show cause offence, the court must determine whether you have demonstrated that your imprisonment before the trial is unjustified.
Securing bail for a show cause offence can be challenging, which is why professional legal assistance is highly recommended.
Once it is determined that the offence is not a show cause offence, the court will apply the “unacceptable risk test.” This test is designed to evaluate whether allowing you to return to the community would pose an unacceptable risk to the alleged victim or society. The factors that the court considers are listed in section 18 of the Bail Act NSW 2013.
If the court finds no unacceptable risk, you may be granted bail under certain bail conditions, which must comply with section 20A of the Act.
If the court determines that you present an unacceptable risk, bail will be denied, and you will remain in custody until your trial. However, if you are granted bail, the court may impose conditions to ensure compliance with the law and reduce any potential risks.
Barker Evans Solicitors can assist in navigating the complexities of bail applications, ensuring that your case is handled professionally and effectively.
In addition to assisting with bail applications, Barker Evans Solicitors represents clients in appeals. An appeal is a request to a higher court to reconsider the decision of a lower court. Criminal appeals are governed by the Crimes (Appeal and Review) Act 2001 (NSW).
Under section 11(1) of the Crimes (Appeal and Review) Act 2001, if you have been sentenced by a Local Court, you can appeal to the District Court against the severity of your sentence. You may also appeal a conviction, provided the appeal is lodged within 28 days of the finalisation of your matter.
Having experienced legal counsel to handle your bail application or appeal is critical to ensuring the best possible outcome.
Whether you are applying for bail or appealing a conviction or sentence, expert legal representation is essential. Barker Evans Solicitors offers comprehensive legal services in bail applications and criminal appeals, ensuring that your rights are protected throughout the legal process.
Should you require advice related to a bail application or an appeal, please contact our office on (02) 8379 1892.
We are an experienced boutique Sydney law firm specialising in Family Law, Criminal Law, and Wills & Estates.
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