Criminal Law Bail

An accused who is granted bail is released from the custody of officers, and into the custody of persons known as sureties. The sureties undertake to produce the accused at a specific time and place and to answer the charged against the accused. If they fail to do so, they are liable to forfeit the sum specified when bail is granted.

Security Bail

The amount of money lodged as security bail must not be the money of the accused. As such an act to give that money would corrupt the bail process, which could amount to a criminal offence. See Re B, and R v Freeman.

Can Everyone Get Bail?

In the matter of Chau v DPP, Gleeson CJ held that there is no common law right in a person who has been arrested and charged with a serious crime to be at liberty or on bail pending the resolution of the charge. As such, the court would need to consider the nature of the charge. Those charged with minor offences are more likely to get bail compared to those who have been charged with violent crimes.