More often than not the first question asked by a client who is charged with a criminal offence is: “Will I be able to get bail while I wait for my charges to be heard?”
Due to busy court schedules the wait for trial can often be many months and sometimes extend to more than a year. A client’s bail concerns, and wondering what is bail application about, are completely understandable especially when one considers that the fundamental concept of our criminal justice system is the presumption of innocence.
Guardian Chambers recognises that a person's liberty is of the utmost importance to not only the client but their family members. With that principle in mind, the barristers at Guardian Chambers will do everything possible to secure bail for their clients pending hearing of their case.
Our barristers make regular bail applications for clients charged with the entire range of criminal offences. We are aware of the types of bail conditions that are acceptable to the Courts as a way of relieving certain concerns that the Prosecution may have if bail is granted, for example abiding by curfew hours, non-association with witnesses, or being subject to electronic monitoring by Corrections (this is where a bracelet is worn).
We are highly familiar with the provisions of the Bail Act which sets out the criteria that has to be considered during bail applications. The structure of the bail application and the judgement and advocacy of counsel often leads to bail being granted in even the most serious of charges.
Often bail applications should not be made immediately because certain preparations have to be advanced before a realistic bail application can be made which gives the client the best possible chance of their application being successful. In those cases we will explain what is required before a bail application can be made with the best chance of success. You will always be given clear and honest advice as to your chances of being granted bail.
Not everyone is granted bail pending their trials or hearing (due to the different types of circumstances both of the defendant and the specific charge). Our preparation and advocacy will give clients the best possible chance of being released on bail in order to carry on with their lives before the hearing without being remanded in custody.