8.3 – Bail & Remand

1. 8.3 – Bail & Remand

2. Bail • Bail provides for the release of a person charged with an offence from custody until the time of the trial. • The person charged makes an undertaking to appear in court at a later date • Failure to do so will lead to further offences, a possible warrant to arrest and further charge/s

3. Granting Bail • Police officers (90%) of cases • Magistrates • Judges Bail Justices can decide whether to grant bail • If police refuse bail the decision is reviewed by a judge or bail justice • Only judges can decide bail for murder charges

4. Bail can also be granted in situations such as • Adjournment of a hearing • Has been found guilty but is awaiting sentence • Custodial sentence received but appeal has been lodged against the sentence/verdict

5. Bail conditions • Conditions attached to bail are designed to ensure the suspects appearance before a court and • Outline acceptable behavioural conditions including preservation of evidence against the accused • http://www.news.com.au/national-news/craig-thomson-arrested-by-police/story-fncynjr2-1226565909723 The three bail conditions were: that he notify police within 24 hours of any change of address, that he give 24 hours notice of any travel overseas or interstate with the exception of travel to Canberra and that he not contact "directly or indirectly", in person or through another party, any person whom he has allegedly engaged for sexual services. • Read more: http://www.news.com.au/national-news/craig-thomson-arrested-by-police/story-fncynjr2-1226565909723#ixzz2b8iT8N3W • http://www.zimbio.com/pictures/ANP8Ckta8hR/Craig+Thomson+Faces+Criminal+Court/a3Dkw4fTyh1/Zoe+Arnold

6. Bail conditions • Bail conditions can be numerous and the possibility of types of conditions are endless. • There are some generic conditions and others are tailored to address the individual suspect and/or circumstances of the crime. • Forfeit passport • Not approach an airport • Not visit certain places ie kindergartens • Not communicate with witnesses • Report to police • The granting of bail reflects the presumption of innocence

7. Refusing Bail • Release of a suspect may be unreasonable given the circumstances of the individual and/or type of offence investigated

8. Refusing bail • fail to appear in court • commit a further offences • endanger the community • interfere with witnesses • pervert the course of justice. • In most cases, bail is also refused if: • murder, treason, trafficking/cultivation of a drug of dependence, importation offences. • the offender is already serving a sentence • the accused has failed to attend court while on bail in the past • the charge relates to trafficking or cultivation of a drug of dependence or importation offences under the Customs Act 1901 (Cwlth). Furthermore, the law provides that, in cases involving the importation of commercial quantities of a narcotic drug, exceptional circumstances must exist before bail is granted.

9. Surety • Surety ordered in circumstances where extra conditions are required to ensure a person will appear at court • Surety ensures the appearance of the accused to court • Provides a financial guarantee • Has a responsibility that bail conditions are adhered to • Case study – Renate Mokbel (P.300) – Q 7 (P.301 – Discussion) • Fly be Free

10. Remand • If bail refused, unable to fulfil bail conditions or suitable surety cannot be found you will be held in custody. • You are still presumed innocent but are held in custody • If found guilty, time on remand is deducted from the sentence • If Innocent no compensation available. i.e., Mick GATTO

11. Your Turn • Questions 1 – 6 Page 301