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To protect, to rehabilitate and to serve

Bail

Relevant information

Bail is a written promise to appear in court on a particular date. Defendants may be given bail after being arrested and are waiting to go to court because of an offence. Bail may also be given if someone is found guilty of an offence and is waiting to be sentenced.

Bail is usually given to people who are not considered to be a risk if they stay in the community but they may need to follow rules or conditions.

These conditions may include:

  • not committing any further offences
  • meeting regularly with community corrections officers
  • allowing community corrections officers to come into their house or workplace
  • following the directions from community corrections officers
  • going to treatment programs, such as drug and alcohol rehabilitation or domestic violence programs
  • being banned from doing certain things, such as drinking alcohol and taking drugs
  • having urine tests
  • being at home and monitored by electronic equipment (Home Detention Bail).

What happens on bail?

A person who is on bail may stay in the community as long as they follow the rules or conditions which have been set. They may be able to live at their usual house and work in the same job.

If a person has been convicted of a crime but is not considered to be a risk to the community, they might stay on bail while the Department of Justice prepares a Pre Sentence Report for the court. This report contains information on any crimes the person has committed in the past and their links to the community, including their job, their family and where they live. The court can then decide what penalty is most suitable.

If a person is charged with a domestic violence offence, or for actions caused by substance abuse, they may be bailed to appear in a specialist court. These special courts make sure defendants go into treatment programs before they are sentenced. In many cases, if the defendant does everything needed to complete the program, they may get a lesser sentence. The defendant will be closely managed by a community corrections officer while they are enrolled in the treatment program.

Breach of bail conditions

If the defendant does not follow the rules of their bail, it could be cancelled and they may have to go back to court. The court may grant bail again or they may have to stay in Prison until their court matters are finalised.

Page last updated: 31-Jul-2019