There have been many changes to bail laws in Victoria recently. We deal with bail applications regularly and have a comprehensive understanding of the current bail laws and how this impacts our clients.
The bail laws now make for a presumption against bail in a large range of circumstances. This means if you fall within one of these circumstances you must show either a ‘Compelling Reason’ why you should be granted bail or in some cases ‘Exceptional Circumstances’. If you fail to establish either of these, the court must refuse your application for bail.
The ‘Compelling Reason’ test is the easier test to establish in court. Whether you fall in the easier or the harder test can be complex to determine, often prosecution will allege someone falls in the harder test, when on closer and careful inspection they do not. Not rectifying this error quickly could be the difference on whether you get bail from the court or not. This is just one reason why it’s vital to obtain clear legal advice as soon as possible.
At Nelson Brown Legal, we are experienced in applying for bail across all criminal matters. On many occasions, we have successfully obtained bail for our clients.
If you or someone you know is in custody and have been refused bail then you should contact Nelson Brown Legal immediately.
It is important to know, once you receive bail you must follow all bail conditions. If you don’t follow the conditions you can be charged with breaching your bail conditions. This is a very serious offence, that often will result in your bail being revoked and you being placed back into custody. You should contact Nelson Brown Legal immediately for advice if this happens to you.