What Can I Do to Help with Their Bail Application?

When someone you care about is arrested and refused bail, it can be difficult to know what to do next.

You may receive a phone call from a police station or prison with very little information. You may not know exactly what the person has been charged with, when they will next appear in court or even where they are being held.

At the same time, you may be trying to work out practical things: Who needs to know? What happens with their job? Where will they live if they are released? What happens with their children? How quickly can they apply for bail? These are entirely understandable questions. There are also practical things that family members can do to help a lawyer prepare a bail application.

At Emma Turnbull Lawyers, we regularly represent people applying for bail in the Magistrates’, County and Supreme Courts of Victoria. Our approach is to prepare the person, not simply the application.

Here is where families can help.

First, find out where they are and when they are going to court

If possible, try to establish:

• their full name and date of birth
• where they are currently being held
• what they have been charged with
• when and where they are next due to appear in court
• whether they have already applied for bail.

Don’t worry if you don’t know all of this. A family member will often contact us with only part of the information. We can work out what needs to happen next.

Think about where they could live if released

Accommodation can be an important part of a bail application as the court may want to know where the accused person proposes to live and whether that address provides a stable and workable arrangement.

This requires more thought than simply saying, “They can stay with me.”

We may need to consider who else lives at the address, whether the accused is permitted to live there and whether there is an intervention order or other restriction preventing them from returning home.

Family violence matters require particular care. A bail condition does not give someone permission to breach an intervention order, and an existing intervention order may mean that an otherwise obvious bail address simply will not work.

Tell the lawyer about employment

If the accused person was working before being remanded, let us know.

Evidence of existing employment or an employer’s willingness to have the person return to work may be relevant to the bail application.

If appropriate, we may seek information from the employer rather than simply telling the Court that a job is available.

Tell us about treatment and health issues

Medical, psychological, psychiatric, drug or alcohol issues may also be relevant.

If the person was already receiving treatment before being taken into custody, tell their lawyer.

In some cases, treatment can also form an important part of the proposed bail plan.

That might involve arranging appointments with an existing practitioner, investigating an appropriate treatment program or, in some cases, considering residential rehabilitation.

Where possible, it is better to have actual evidence of the proposed treatment than merely tell the Court that treatment could be arranged.

Gather evidence

One of the most useful things a family can do is help turn a proposed bail plan into something concrete.

Depending on the case, useful material may include:

• confirmation of accommodation
• employment information
• letters from treatment providers
• rehabilitation program information
• relevant medical or psychological material
• information about caring responsibilities
• letters from appropriate family members or support people.

Not every bail application requires every one of these things, but the point is to identify what matters in this particular application. A good bail application provides the Court with answers, rather than promises.

What does the Court consider when deciding bail?

A bail application is not determined by looking only at the offence charged.

Depending on the case, the Court may consider matters including the seriousness of the allegations, the strength of the prosecution case, criminal and bail history, accommodation, employment, family and community ties, treatment needs, likely delay and whether appropriate bail conditions can address identified risks.

That is why two people charged with similar offences can have very different bail applications.

Should we apply for bail immediately?

Sometimes, but fastest is not always strongest. There are cases where an urgent application should be made as soon as possible.

There are others where a short period spent confirming accommodation, organising treatment or obtaining important evidence can substantially improve the proposed bail plan.

This becomes particularly important if bail has previously been refused because there may be restrictions upon bringing another application.

Someone you care about is in custody?

You do not need to have everything organised before contacting us.

If someone you care about has been arrested or remanded, contact Emma Turnbull Lawyers as soon as possible.

We can identify what has happened, when the person can get before a Court, what legal test applies, why bail is being opposed and what needs to be done to prepare the strongest application available.

Emma Turnbull Lawyers – Specialist Criminal Defence and Intervention Order Lawyers
Melbourne | Appearing throughout Victoria

This article contains general information only and does not constitute legal advice. Bail applications depend upon the charges, applicable legislation and individual circumstances.

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