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Protection through Bail Conditions

When a person accused of a crime is arrested and charged by the police, they may be:

• granted bail and released while waiting for their court case
• granted bail but not released until the bail requirements are met
• held in custody until the court hearing
• released (not on bail) and summonsed to appear at court at a later time.

Bail

Generally accused people are granted bail. Even if they plead guilty before the court case, they still may be granted bail until the case is heard. Accused people held in custody can apply to be released on bail more than once before the case goes to court.

If you are a victim of the alleged crime, you are entitled to be told if bail is granted, and any special conditions placed on the accused person, for example to stay away from you or your family.

If you are at all concerned that the accused person may threaten or harm you or your family, talk to the police investigator before bail is granted.

Holding in custody

Bail may be refused and the accused person held in custody, where the police or courts are satisfied that there is an unacceptable risk that they would:

• not appear in court
• commit further offences while on bail
• endanger the safety or welfare of the public
• interfere with witnesses (including the victim) or obstruct the course of justice.