Bail Hearings: What to expect and how to prepare

If you have been arrested and charged with a criminal offence, the police may decide to keep you in custody to appear at court. If your case is adjourned to a later date, the court will decide whether to release you from custody on bail or to keep you in custody until the next court hearing.

Bail hearings are important because they can determine whether you are able to return home to your family and continue with your normal life, sometimes subject to bail conditions, or whether you must remain in custody until your case is concluded.

What happens at a bail hearing?

The court will consider several factors when deciding whether to grant you bail or not.

These factors may include:

The nature and seriousness of the offence you have been charged with
Your criminal record
Your personal circumstances, such as whether you have a job, family, or other ties to the community
Whether you pose a flight risk, meaning that you are unlikely to attend court if you are released on bail
Whether you pose a risk to the public or any witnesses in the case
The court may also consider any previous failures to appear in court or breaches of bail conditions.

If the court grants you bail, they may impose certain conditions that you must comply with.

These conditions may include surrendering your passport, reporting to a police station regularly, or staying away from certain people or places.

If the court decides not to grant you bail, you will be remanded in custody. This means that you will remain in prison until the next hearing and, in all likelihood, until your case is concluded, unless you are able to appeal the decision successfully or persuade the court to change its mind.

How to prepare for a bail hearing

To help improve your chances of being granted bail:

Speak to us as soon as possible. If you ask us to attend and advise you at the police station or at court, we will be able to prepare your bail application and represent you in court.
Provide any evidence that supports your bail application, such as character references, proof of employment, and evidence that you have a suitable address and ties to the community.
Provide evidence that you are a responsible member of society and that you are unlikely to fail to attend court, commit further offences, interfere with witnesses, or pose a risk to the public.
Provide a person who is willing to stand as a surety on your behalf, i.e. to pay a sum of money if you fail to attend court.

If the court imposes conditions on your bail, show that you are willing to comply with them.

Be honest with your lawyer and the court. If you have made mistakes in the past, it is better to acknowledge them and show that you are taking steps to address them.

If you are at risk of being remanded in custody, it is essential to seek legal advice and help your lawyer to prepare carefully.

For more information and advice, please get in touch.