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In Subiaco, Australia, the concept of a 'bail bond service' that is prevalent in some countries, like the U.S., does not exist. Instead, when a person is charged with a crime, they may be released on bail until their court date. The bail amount is set by the court and must be provided to secure the defendant’s release. It is often required that one offer a surety, which is a person or entity who guarantees to pay the court if the defendant does not appear at their court dates.
Laws and regulations around bail can be complex. It's often beneficial to seek the advice of an experienced criminal lawyer to navigate through the complexities of the bail process, to understand the conditions of bail and to argue for a reduction in bail amount if it is excessive. Should a person default on their court appearances, serious legal repercussions could follow, and legal advice is critical in such situations.
The main legislation governing bail in Western Australia is the Bail Act 1982 (WA). Among many other factors, the Act considers the nature and seriousness of the offence, the character of the accused, the probability of the accused appearing in court when required, and the need to protect the community from potential harm. Bail may be granted by the police or the courts, with more serious charges to be determined by a court on a bail hearing.
In the context of bail, a surety is a person who guarantees that the accused will attend all required court dates. If the accused fails to attend, the surety may be required to forfeit a specified sum of money.
Yes, bail conditions can be altered or varied. This usually requires a lawyer to make a formal application to the court.
If a person breaks their bail conditions, they can be arrested and brought before the court. They may also lose their bail and may not be given bail again in the future.
Even for serious offences, it is possible to get bail. However, the bail process and application for serious offences are more complex and legal representation is highly recommended.
Bail money is typically returned at the end of the proceedings provided that the accused has met all the conditions of their bail, including attending all court dates.
The Department of Justice in Western Australia, and particularly the Local Court of Western Australia, are good resources for more information on bail laws and procedures. Legal Aid Western Australia can provide helpful advice and legal representation.
If you need legal assistance with bail procedures, it is highly recommended to consult with an experienced criminal lawyer. They can guide you through the process, advise you on your rights and obligations, and represent you in court if necessary.
