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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