Bail is a written promise (or ‘undertaking’) to return to court. You can apply for bail if you’re a defendant and you want to be released from custody while waiting for all charges to be dealt with.
Bail can seem complicated. But there are just three important things you need to remember:
- You need to turn up on the date you've been told to.
- You need to follow all of the rules or "conditions" you have been given while on bail.
- You must not break the law while on bail.
If you break these conditions, you could be arrested, fined or sent to prison.
If you commit a crime, or police think you have committed a crime, you will be arrested by the police. The police don’t have the power to decide if you are guilty or not, only a court can do that. However, the courts are very busy, so it might take a few weeks, a few months or sometimes longer for the courts to hear your case.
While you are waiting for the courts to decide whether you are guilty or not, you will either be held in prison (also known as in custody) or allowed to live in the community. If you are allowed to wait in the community this usually means you are on bail. If you are not sure if you are on bail, you should get legal advice.
If you are given bail you have to sign a bail undertaking promising to come to court on the date that the police or courts tell you to. If you do not sign your bail, you can be arrested. You might also have to follow other rules called bail conditions. When you sign the undertaking, you are promising to follow these conditions.
So that you remember these bail conditions, you will be given a copy of the bail undertaking in these forms:
What does it mean if my bail is enlarged (extended)?
If the judge or magistrate tells you your bail is enlarged, it just means they have extended it for longer. Originally, your bail would have expired on the date you were last supposed to go to court. If it’s enlarged, it will be given a new expiry date which will be the date that you next have to go to court. You are still on bail during this time so you need to make sure you continue to follow all the rules and conditions on your bail.
What if I am given a piece of paper called a ‘Notice to Appear’?
Sometimes after you have been arrested the police will let you live in the community without putting you on bail. If this happens, you will get a piece of paper called a ‘Notice to Appear’, instead of a bail form. Even though you are not on bail, you still have to go to court on the date that the form tells you to. If you don’t you could be arrested.
Why are my bail conditions different from someone else’s?
Every person is given different bail conditions. This can happen even if you have been charged with the same crime as someone else.
The conditions you are given are based on lots of different things, for example:
- What the police say you’ve done
- If you have a place to live
- If you have a job
- If you have been found guilty of committing a crime in the past
- If you have been given bail in the past and you didn’t follow the conditions
- Whether the police or courts think that you are likely to hurt other people, and
- Whether the police or courts think that you are likely to break the law again.
What are the rules or “conditions” of my bail?
If you are on bail you have to follow the rules or "conditions" of your bail.
The bail conditions that you have to follow when you are on bail are listed on your bail undertaking.
There are two conditions that everyone on bail has to follow:
- You have to go to court on the date you are told to go
- You can’t break the law. No matter how small the offence, you could end up in prison.
Your next court date is shown on the first page of your bail undertaking. There are other conditions that you might also have to follow. These are different for each person.
They could be that you:
- have to go to a police station on set days and times
- have to live at a set address
- can't contact someone
- have to be home between set hours every day (including curfew)
- have to find someone you know with enough money or property and is willing to guarantee you will go to court in the future (‘a surety’). That person can be required by the judge or the magistrate to pay a fixed amount of money or property to the court and the court may keep that money or property if you don’t turn up to court.
There is information on this website about how to comply with these conditions.
There might be other conditions which you have to follow if you are on bail. The specific conditions which apply to you are listed on your bail undertaking . If you don’t understand any of these conditions or how to comply you need to get legal advice.
If you have any questions or concerns about your bail undertaking or bail conditions, get legal advice.
How bail is dealt with
An application for bail can be considered by the Supreme, District and Magistrates Courts.
Generally, you can apply for bail in the court that is dealing with your charges. If bail has been refused in a District or Magistrates Court or if you are facing serious charges, then the Supreme Court can hear your bail application.
If granted, all bail orders are processed as a matter of urgency and often include conditions, such as either you or another person giving the court a fixed amount of money which can be kept by the court if you fail to turn up at your next court date; or you are reporting regularly to a specific police station.
Any money or surety is refunded or released after the court has finally decided the charges but only if you have followed all the bail conditions or rules.
