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In Hurstville, like the rest of Australia, bail bond services as typically understood in many other countries (like the United States) do not exist. Instead, Australia operates on a surety bail system whereby the defendant, or another person on their behalf, provides a promise or security to the court to ensure the defendant's compliance with the terms of bail. This could be in the form of cash bail, or property or other assets.
Legal advice is vitally important when dealing with bail matters. A lawyer can guide you through the complex legal processes, help understand the conditions of bail, and assist in negotiating the terms of bail to make them reasonable. They could also help to apply for bail variations if circumstances change. If anyone fails to comply with bail conditions, serious penalties, including imprisonment, apply.
The Bail Act 2013 is the legislation that governs bail law in New South Wales, where Hurstville is located. Key principles include the presumption of innocence, the right to liberty, protection of the community, and considerations of the likelihood of the defendant committing serious offenses while on bail, among others. The court makes a judgement based on the 'unacceptable risk' test.
A 'surety' is a person who agrees to be responsible for the defendant, to make sure they attend their court proceedings and adhere to their bail conditions.
Anyone can be a surety as long as they are over 18 years old and are not a co-accused in the same case. However, the court will need to approve them as suitable.
This process usually starts at the police station, where the police decide whether to grant or refuse bail. If the police refuse bail, the defendant can apply to a court for bail.
Yes, bail conditions can be changed. A lawyer can assist you to apply for changes to your bail conditions.
If you breach your bail conditions, you could be rearrested and brought before the court. The court may refuse further bail.
The Law Society of New South Wales and Legal Aid NSW are valuable resources to reach out to for assistance. In addition, the Department of Justice in NSW provides helpful information on the procedures and regulations related to bail.
If you or a loved one require assistance with bail matters, it's essential to seek help from a lawyer specialised in criminal law as soon as possible. Legal aid is available for those who cannot afford legal representation. Remember, knowing your rights and understanding the process is key to navigating the legal system effectively.
