If you want to apply for bail, vary your bail conditions, or need help understanding and sticking to your bail conditions, we’re here to help.
Call us on 1800 765 767. This is a toll-free number.
What is bail?
Bail is when someone who has been charged with a crime is allowed to stay out of jail until their matter is heard in court.
The police or a magistrate decide if you should get bail. If you get bail, you promise to come to court on your next court date and obey certain rules (known as ‘bail conditions’).
How do police and magistrates decide who gets bail?
When deciding whether to grant bail, the police or magistrate have to think about:
- If you have been in trouble before
- If you have breached – or broken – a bail condition before
- If you have failed to go to court before when you were meant to
- If you are likely to get into more trouble while on bail
- If you are likely to not show up for court on your next court date
- How serious are the charges against you
The police or court will want to be satisfied that you are not at unacceptable risk of failing to appear at court, committing a serious offence, endangering the safety of the community, or interfering with witnesses or evidence while you are free from custody.
Your ALS lawyer can apply for bail on your behalf and explain to the court why you should get it. If you don’t yet have an ALS lawyer, please call us as soon as possible on 1800 765 767.
Bail conditions
Bail conditions are rules that are attached to your bail. If you break these rules, your right to bail may be taken away and you could be put in custody.
Bail conditions might include rules like living at one fixed address, staying at home at night time, or not drinking alcohol. They should be specific to your situation and the charges you are facing.
It’s important to understand your bail conditions and stick to them. If you are having trouble following your bail conditions, please call the ALS and talk to your lawyer. We may be able to ask the court to change your bail conditions.
Sometimes you might need to get your bail conditions changed for a specific purpose, like attending a funeral out of town or caring for a sick or disabled family member. Even if it’s a really good reason, you need to talk to your lawyer first so we can ask the court for a variation to your bail conditions.
Call your ALS lawyer on the number they have given you, or call our toll-free number on 1800 765 767.
Who we help
Who we help
We help Aboriginal and Torres Strait Islander adults and children across NSW and the ACT who are charged with criminal offences and seeking bail, or already on bail and seeking support with understanding and/or meeting their conditions. Please call us ASAP on 1800 765 767 if you're on bail and worried it may be revoked.
Limitations
Our legal assistance is subject to a means and conflict test. The means test makes sure that our help is going to those people who need it most and would have trouble affording a lawyer otherwise. The conflict test makes sure that we don’t have any conflicts of interest in taking your case, so that you can be confident we are acting in your best interests.
Unfortunately we don't receive enough government funding to have lawyers in all courts. We are actively campaigning for the Commonwealth, NSW and ACT Governments to provide us with the adequate funding we need to change this. In the meantime, we will do our best to provide you with information and referral to another service if we are unable to represent you.
Bail programs in the ACT
The ALS runs local community programs in the ACT called Front-Up and Ngurrambai Bail Support.
For help or more information about these programs, please call our Canberra office on (02) 6120 8800.
Front-Up
The Front-Up program supports Aboriginal and Torres Strait Islander people in the ACT who have outstanding warrants or have breached bail.
Our team will negotiate on your behalf and provide you with a support person and lawyer.
Our aim is to help you attend court without delay, get the matter dealt with, and avoid any time spent in custody – so you can be at home with family, where you belong.
Ngurrambai Bail Support
This program supports Aboriginal and Torres Strait Islander people in the ACT who are on bail or applying for it.
Some people join the program voluntarily, and others have to join as a condition of their bail.
Our aim is to reduce re-offending while on bail, decrease court appearances, and keep our mob out of prison.
Our team will:
- Create a care plan that helps you with support, treatment, monitoring and supervision during your bail period
- Give advice and legal representation for your bail application
- Provide referrals and other support you might need to complete your bail
