Department of Justice

1. What bail is

Bail is the release of a person charged with an offence while their matter is waiting to be heard. A person on bail promises to come back to court and to keep any conditions set. A person refused bail is held on remand.

In our courts bail is about two questions: will the person come back to court, and is it safe to let them go in the meantime?

2. Police bail

When police charge a person to court from an arrest report, an officer of the rank of Sergeant or above may grant or refuse bail at the same time.

If police grant bail, the person leaves with a bail undertaking and a date to appear. If police refuse it, the matter comes to the court, which can decide bail again.

3. Bail at court

The court can decide bail again at any point, and can revoke it. A Bail Justice (grade 1) can decide bail, as can the bench when the matter is before it.

In our courts, a bail decision is short: the prosecution says why bail should be refused or conditions set, the accused or their lawyer answers, and the decision is recorded on the tablet straight away.

• Is the accused likely to turn up? Consider any past failures to appear and bench warrants.
• Is there a risk to a particular person? An intervention order or no-contact condition may answer it.
• Is there a risk of further offending while the matter is open?

4. Conditions

Bail can carry conditions. Conditions are written on the bail and on the person’s file, so police can see them on a check. Common conditions are:

• Curfew: be at a stated address between stated times.
• Reporting: report to police as directed.
• No contact: do not contact a named person.

Set only the conditions the risk actually calls for. A condition that cannot be roleplayed or checked helps nobody.

5. Breaching bail

Breaching a bail condition is an offence in its own right. Police can charge it like any other offence, and the court can revoke bail when the person is next before it.

Failing to appear at court is different again: the court can issue a bench warrant, which goes onto every police list.

6. The papers

A person granted bail receives a bail undertaking. A person refused bail is held under a remand order. Both are printed as real papers and handed over in person. Keep your bail undertaking; it shows your conditions and the date you must come back.