It is advisable to consider the following matters before the The time and place at which a court or tribunal hears the parties argue their case and makes a decision. of the application for The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking.:
1 What are the charges? When were they laid? How stale are they?
2 Is there a presumption in favour of bail or is there an onus that must be discharged by the applicant?
3 What is the Material presented to a court to prove or disprove a fact. It can include what witnesses say as well as documents and other objects. said to support the (1) A statement giving the details of a crime an accused person is claimed to have committed. (2) A personal property security. (3) A judge’s directions to a jury at the end of a case.? Is it a strong case, a weak case, or is it too early to tell because the police have not yet completed their enquiries? Does a case rely on the statements of a co-accused? Is the co-accused indemnified in relation to the charges?
4 How far advanced are the police in readiness for the hearing of the charges? Are there listening device recordings or telephone intercepts? How many hours of recordings are there? Are the transcripts prepared? If not, how long A document that sets out what a person wants to happen to their money and other property after they die. it take to prepare them?
5 Has the applicant participated in a record of interview or made any admissions? Has the applicant consented to an A police line-up. A group of people that includes a suspect and several other people who look similar but have nothing to do with the case. A witness who saw an offence being committed is asked to say whether anyone in the line is the offender. If they pick the suspected person, it can be used as evidence in court. and already participated? What was the result? Have any forensic tests been sought or conducted (DNA, drug analysis, fingerprints)? What do the results show or fail to establish? Is there a lengthy delay anticipated in relation to the provision of forensic analysis? Are such results pivotal to the strength of the case against the A person who has been charged with a crime. Also known as a defendant.?
6 Does the applicant know yet how they will plead? Is this issue premature because the strength of the case is as yet unknown? Will the position be reviewed depending on what emerges at the bail hearing?
7 What is the police’s and prosecution’s attitude to bail? If there is a ‘victim’, what is their attitude?
8 Has the applicant got prior convictions? If so, what are they? How long ago?
9 Has the applicant ever been on bail before? If so, did they honour the conditions and answer bail? If not, why not? Why will it be different this time?
10 Are there co-offenders? If so, were any of them granted bail? With what conditions? If not, why not? Are there similarities or differences between this case and theirs? What are their ages and personal circumstances? Do they have prior criminal histories?
11 Does the The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown. seek the cooperation of the applicant to assist in its proofs against other offenders?
12 When are the charges likely to be heard? If there is to be a committal, how long will it take (how many witnesses, how many pages in the A collection of documents that the prosecution must give to the accused person in a criminal case and also provide to the court. The brief must contain all the charges and a summary of evidence that will be used against the accused. See also service., how many days will the committal occupy)? When is that hearing likely to be (earliest date, latest date)? Assuming the applicant is to be committed to stand trial, how long will the trial take? What is the likely trial date (earliest date, latest date)? Are funding issues likely to delay either hearing? Calculate the dates in terms of time from now until each such event (e.g. three months until Relevant or important. For example, material evidence is something that helps to prove an argument in a criminal case. served; two months to a committal mention; further six months to committal; further 11 months at the earliest to trial; totals at least 22 months – almost two years in Lawful control over a person which prevents them leaving. A person under arrest is in police custody and is not free to go. A person in prison is serving a custodial sentence that keeps them confined to the prison grounds. if bail is refused). This is relevant to the issue of delay.
13 Is there a risk that an accused would have served any likely sentence (or would be looking at a
A sentence for a criminal offence that does not involve imprisonment. The offender would normally be sentenced to a form of rehabilitation. See also ICO (intensive correction order).) prior to any listed hearing date if bail is not granted?
14 Are there any matters vital to the preparation of the (1) A defendant’s response to the legal claims made against them in court by a prosecutor or plaintiff. (2) A lawful excuse for conduct: for example, causing minor injuries to someone while saving them from certain death. (3) ‘The defence’ is also a way of referring to the defendant and their legal team. that can only/best be achieved on bail (e.g. inspecting documents, gathering evidence)?
15 How is the applicant coping in custody? Have they been they assaulted? Where are they? Is their health adversely affected? What are the conditions of confinement? Are they able to access appropriate drug rehabilitation or medical (etc.) treatment on remand?
16 Is the applicant particularly vulnerable due to age? (e.g. the applicant is very young (see SG v TA  VSC 264) or elderly (see R v Penny  VSC 155)).
17 Is the applicant particularly vulnerable for another reason? (e.g. the applicant is deaf (see Fields  VSC 309) or has some other isolating factor).
18 Factors personal to the accused (i.e. age, background, marital status, dependants, where they will live and who they will live with if granted bail, employment, ties to the The authority of a court or tribunal to hear matters brought before it, based on some factor such as area or law, amount of money claimed, or geographic area., responsibility for the care of others, health, etc.) to demonstrate the likelihood of answering bail, complying with bail conditions and not offending while on bail.
19 What factors are relevant to any conditions of bail? Who are the proposed sureties? (Obtain instructions about their appropriateness and whether they have prior convictions.) How much is the In criminal law, a person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents. Also referred to as the guarantor. The sum of money payable if there is a breach is also referred to as the surety.? What are the surety’s passport details? Does the surety have connections to any prosecution witnesses?
20 How will the applicant prove each of the above factors? (e.g. if relying on ill health, get a medical report and A document or thing that is provided as evidence in a court case or referred to in a sworn statement. For example, a gun might be produced as an exhibit in a criminal case, and a bank statement might be produced in a civil case. to an A document that presents written evidence in a court case, setting out what a witness says is true. The witness must swear that it is true and correct in front of an authorised official. This can be done on oath or by affirmation. The person in whose name the document is sworn is called the deponent.).
21 Is this the first application for bail in this matter? If not, where and when was the earlier application made? Was the applicant represented last time?
Why was bail refused? What has changed?
22 Who will hear the application? Has a co-accused already applied for bail before a particular magistrate or judge? Does parity apply?
23 Have any documents been filed with the An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate.? If so, what are they? Are any further documents required?
24 What is the fallback plan if this bail application fails?
25 What programs are available through the court to assist the applicant with housing, drug rehabilitation, etc.?
If bail is contested
If bail is contested (i.e. if bail is opposed) by the police, it is necessary to explore the reasons for this. Sometimes, opposition can be overcome with negotiated conditions, which may address police concerns about risks. For example, offering that the accused report daily, obtain drug rehabilitation and/or treatment, adhere to a curfew or provide a substantial surety (see ‘Sureties and deposits’, below). These matters should be discussed with the prosecution before the bail hearing.