On What Grounds Could Bail Be Refused?

By Author: Chadi Irani
Total Articles: 70
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Why is my bail refused? This is probably the most asked question. When you are charged with a criminal offence, you’ll be taken and kept in custody until you’re produced or appear in court. The length of custody can be as long as the time until your trial or just a couple of hours.

If you have been charged with an offence, you’ll be presumed to be innocent until you’re proven to be guilty of the crime you’re charged with. So, you have the right to be free, and you can be granted bail until a court decides whether you are guilty or not. In short, you’ll be released from custody until a verdict is made. That said, your bail could be refused if you don’t meet specific criteria. So, if you have been charged with a criminal offence, please seek the advice of a criminal lawyer in Bankstown.

Why Bail Could Be Refused

You might be denied bail based on various factors, including the seriousness of the charge, prior criminal history, previous history of breaching the bail rules, the risk of reoffending and need to protect the community. Perhaps there are genuine reasons you’ll not appear at your ...
... next court hearing. All these are the major concerns, and it would be weighed into whether or not bail will be guaranteed or not.

In some cases, you will have to “show cause”. This means, that as the defendant, you will have to show that your current imprisonment is unjustified and that you should be granted bail.

Here are some of the reasons why your bail might be refused:-

- Breaching bail rules

- Failing to appear on the court trail

- Committed a serious crime or violent offence

- Committed domestic violence previously

- Committed an offence with at least a maximum penalty of seven years

What Will Happen If You Breach Bail?

If you breach a bail condition or don’t follow the rules, a warrant will be issued for your arrest. In serious cases, you’ll be taken into custody and charged with a breach of bail offence. Moreover, a violation of bail will make it more difficult for you to be guaranteed bail for any other offences in the future. Even if you’re wrongfully accused of a crime, your bail will be likely revoked.

If your bail has been refused by the state court, you may appeal to the Supreme Court. In terms of any application for bail, it’s best to follow the direction and guidelines of your criminal or traffic lawyers in Bankstown. Make sure to follow the bail rules. For further queries on bail, please contact a criminal lawyer in Bankstown.