Bail applications: Are you eligible? Are you a prescribed applicant?

When arrested, police may release you on bail to appear before the court later. An arrested person has a presumption in favour of being granted bail and it is up to the bail authority to show why you should not be released rather than you showing why you should be.

If you are a prescribed applicant, you will not be eligible for police bail and you will need to make an application to the court.  You must satisfy the court that special circumstances exist to release you. If the court is not satisfied you will be refused bail and will be remanded in custody until your later court appearance.

If you commit offences of a certain nature, the presumption is removed, and you will be a prescribed applicant.

These offences include (not limited to):

  • a breach of an intervention order
  • offences involving firearms
  • certain breaches of bail which relate to the physical protection of a victim
  • attempting to escape a police pursuit or engaging in a pursuit

What is a special circumstance?

There is no specific definition as the Supreme Court has said each circumstance should be interpreted widely.

There is no single answer to the question, each application will be considered on its own merits.

Please contact us for advice in relation to any matters involving arrest or criminal law generally.