BAIL APPLICATION CHECKLIST

DETAILS OF THESE PROCEEDINGS

Date of arrest

Next hearing date and type of hearing

Informant’s details

Charges

Informant’s allegations of the offences

  • If drug charges – quantities alleged
  • Client’s role in offence
  • Were weapons used

Client’s instructions re charges

Details of admissions made

  • Will ROI be challenged

Will charges be contested

  • If yes, when can they be heard

Details of any other outstanding criminal charges

  • Is client on bail for these? If yes, what are conditions

Any previous bail application for these offences

  • If client was represented, need new facts and circumstances

Co-offenders

  • Their bail situation
  • Their age and role

Factors which may delay hearing of the case

  • analysis of drugs
  • telephone intercepts to be transcribed
  • date of contest/ contested committal

Likely penalty if convicted - stronger argument for bail if likely to get sentence less than remand period

CLIENT’S PERSONAL CIRCUMSTANCES

Date and place of birth - is client domiciled in Victoria?

Dependants and key personal relationships

  • Do they have any special needs
  • Does client have additional responsibilities towards them

Address when arrested

  • Length of time there
  • Buying/Owned/Rented/
  • Others residing there
  • Their relationship to client
  • Their character

Other ties to community

Priors

  • Any matters for similar offences
  • Any current sentencing orders

Bail history

  • Circumstances of fails to appear

Employment situation

  • At time of arrest
  • If released - get confirmation

Physical health

Mental health

Drug/alcohol issues

Counsellors/supports in place

Referrals required

Custody management issues

PROPOSALS IF BAILED

Details of sureties available

  • Sum available
  • Their relationship to client
  • Their character

Proposed address

If Co-occupants

  • Their relationship to client
  • Their character

Nearest 24 hour police station

Any matters which limit ability to report

Passport status & location

Counselling, Bail Advocacy, CREDIT Bail/CISP involvement

Other possible special conditions

THE APPLICATION

Decide if bail the best option

  • Should client plead-up to charges instead

Apply for grant of assistance if not a duty lawyer matter

Does formal application have to be filed and served

  • This must be done if it is not the first remand date
  • Is Gaol Order required
  • Arrange Video-link for client, if necessary

Get date for application if not already listed, check with:-

  • Informant re availability
  • Court re suitable date

Determine the standard required to get bail

  • Prima facie entitled to bail - client may still be unacceptable risk
  • show cause
  • exceptional circs

Police attitude to bail

  • Opposed on what grounds
  • Will Informant’s attitude alter if there are certain bail conditions
  • Remember - there is no consent bail!

Victim’s attitude to bail

Arrange attendance of any witnesses to be called for client on bail app

Obtain documents to be tendered on application

  • Medical reports
  • Confirmation of employment

ARGUMENTS IN SUPPORT OF BAIL

  • Age
  • Delay
  • Weak prosecution case
  • Special hardship to the applicant if remanded
  • Parity with co-offenders who granted bail
  • Unlikely to receive jail penalty when sentenced
  • Previous compliance with court orders (including bail)
  • Need for and availability of rehabilitation
  • Strong family support
  • Limited or irrelevant prior criminal history
  • No history of failing to appear
  • Not facing any other (serious) charges
  • Weakness of crown case
  • Ties to jurisdiction which limit risk of flight
  • Appropriateness or otherwise of incarceration –eg psych issues, disability etc
  • Remoteness of family to prison – ie lack of visits
  • Not a risk of committing further offences
  • Not a risk to witnesses/co-accused
  • State of health, both physical and mental
  • Home, family, employment
  • Treatment in place
  • Conditions in cells
  • Cultural factors – eg Koori heritage
  • Language difficulties

ARGUMENTS AGAINST BAIL

  • Nature and seriousness of charges
  • Extensive prior criminal history
  • Likely to receive term of imprisonment
  • Offences breach current orders, eg parole, suspended sentences, ICO, CCTO
  • History of failing to appear
  • On bail when committed offences
  • How many current sets of bail? What sort of charges?
  • Risk of committing further offences
  • Current high level of drug dependency
  • Risk of flight
  • Has ability/means of absconding
  • Risk to witnesses/co-accused
  • In serious assaults, possibility that victim may die
  • With drugs, what’s the purity? Value?
  • Strong crown case
  • Domicile out of state

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