Bail or remand

Bail
Bail is the term for the conditional release of a
person until their case is determined by the
courts.

Once charged, an accused person may be
detained at the police station where they are
fingerprinted and photographed.
Bail
At a bail hearing, the authorised officer will
determine where the accused should be released on
bail or remain in custody until their trial.

Bail can take the form of:
Upfront monetary payment
Recognisance (where the accused promises to turn up,
knowing that if they refuse they will be fined and
arrested)
Surety where someone else agrees to put up the
money on behalf of the accused as an assurance (if
they dont turn up the money is forfeited)
Bail
Other components include:
The use of wrist and ankle monitoring devices
Diversionary services such as rehabilitation
programs
The accused needs to show up to a police station
on a regular basis to prove they havent moved
from the area which they are restricted to
Surrender their passport if they have one
Bail

Bail is difficult to obtain for:
Violent offences
Where there is some risk to the community
Where the accused may commit another offence
The indication that the accused might attempt to
flee to another state or country
Bail

Restrictions have also been added to the Bail Act
1978 (NSW) against granting bail for certain
offences:
Drug trafficking
Serious domestic violence

Known as the presumption against bail, it will be
up to the accused to prove to the court why bail
should not be refused if one of these offences has
been committed.
Remand
Remand is a special type of detention that allows
for a person accused of a serious crime to be
held for the period between being charged and
facing trial.

Remand is usually sought against people who:
Have committed particularly violent crimes
Dangerous criminals
Repeat offenders
Are thought to be a flight risk
Remand
The accused will remain in detention until the
trial date is set, throughout the trial and until
they are sentenced.

If the accused is found guilty and convicted, the
time the offender had spent in remand is usually
taken off the total time of their sentence and
referred to as time already served.
Homework
Search the internet for 3 recent news articles
relating to separate bail hearings in NSW and
answer the following:
1. Was bail granted in the case?
2. Were any conditions set on granting bail?
3. Was there an amount of money required for
bail and if so how much?
4. Do you think the decision on bail was fair in
the circumstances?