If you are arrested on suspicion of committing an offence you have the right to apply to the officer in charge of the police station for release on bail.

The officer determining your application for bail may ask you several questions, such as:

  • where you intend to live;
  • if you have any person that can be a guarantor for you; or
  • If you are able to report to a police station.

If police refuse to grant you bail you will usually be taken to the Magistrates Court the next day by 4:00pm.

If you cannot be taken to the Magistrates Court by 4:00pm on the day following your arrest you may apply to have a Magistrate hear your bail application by telephone.

If a Magistrate does not grant you bail following an application by telephone you will be brought to the Magistrates court no later than 4:00pm on the next court day.

Once you are brought to the Magistrates Court you can again apply for release on bail.

You have the right to be represented by a solicitor at any application for bail.

If you are granted bail you must attend court on the date which your bail agreement requires, you must also obey all other conditions of your bail agreement.  Failure to comply with the conditions of your bail agreement constitutes an offence punishable by imprisonment.

Contact us for advice

We are able to provide you with advice with respect to bail applications and represent you at any bail hearing.