Bail allows a person charged with an offence to remain in the community while their case continues through the courts.
Bail decisions may be made by police, a bail justice, or a court, depending on the circumstances.
When deciding bail, courts consider whether releasing the person would create an unacceptable risk. This may include the risk of failing to attend court, committing further offences, endangering another person, or interfering with witnesses or the court process.
Courts may also consider matters such as criminal history, housing, employment, family support, and previous compliance with bail.
If bail is granted, conditions may be imposed to reduce risk. Common conditions include reporting to police, living at a particular address, obeying a curfew, not contacting certain people, or attending treatment or support services.
If bail is refused, the person will usually remain in custody while the case continues, although a further bail application may sometimes be possible.
This guide is general information only and is not legal advice.