Bail & Bail Applications

If you are arrested by Police and taken back to the Police Station, in most cases you will be required to enter into bail conditions. A bail condition is a legally signed document and promise to not engage in particular conduct and to abide by certain conditions. Typical bail conditions include reporting to a police station or prohibiting contact to another person i.e. alleged victim.

 

In some cases, Police may bail refuse a person and hold them for a period of time until the individual can appear before the court. Once at court; the court will need to make a determination on bail. It is critical that you get sound legal advice before you make a bail application as you may only get one chance to make such an application. If refused you will remain in custody until the matter is heard at court or a further bail application is able to be made, this can take some time depending on scheduling and the type of charge.

 

Appeals

These are two types of appeals;

1. Severity Appeal

A Severity Appeal accepts the finding of guilt, but you believe that the sentence imposed was too harsh or severe.

These appeals need to be lodged within 28 days of the sentence date, however, there are some avenues to be able to lodge an appeal up to three months later with the blessing of the court.

The matter will then go the a higher court for determination, for instance if you were at the Local Court the District Court would hear your severity appeal.

 

2. Conviction Appeal (Commonly known as an All grounds Appeal)

A conviction appeal is an appeal where you are challenging the finding of guilt. Similarly, the severity appeal you have 28 days to lodge the appeal to the higher court and up to three months with the courts blessing.

Generally, the appeal is not a re-hearing of the evidence rut rather a re-examination on the transcript of the original proceedings.

Criminal Law

Helpful Information

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