melsc
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everyone does, make sure you mention it or the magistrate will bring it up and think you have forgotten it
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bail application (1 Viewer)
- Thread starter musik_junky
- Start date
L
LaraB
Guest
here's the guidelines we got 2 yrs ago - i woudl assume the legislation hasn't changed since then?
musik_junky
Member
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hey thanks for that Lara!
Jonathan A
Active Member
Bail is a very confined part of criminal procedure. Your role is to ensure your client is able to be let out to prepare their matter properly. There are no quick-fixes. You need to read the Act and understand it.
One area that confuses people is the difference between presumption against and exception to presumption in favour. Remember - we law students love double negatives and exceptions!
Essentially a presumption against means the court is in line to refuse bail unless exceptional circumstances can be shown. In the exception to the presumption in favour, your client is an even playing field.
You cannot make up facts in bail applications. You will be hammered from the bench with questions. Pick out what is necessary and relevant and apply.
One Q was - won't everyone raise time to prepare for defence - answer is yes. BUT, if your charge is an assault, chances are a person who is being charged with a more serious offence would deserve more time and room to prepare their case.
One area that confuses people is the difference between presumption against and exception to presumption in favour. Remember - we law students love double negatives and exceptions!
Essentially a presumption against means the court is in line to refuse bail unless exceptional circumstances can be shown. In the exception to the presumption in favour, your client is an even playing field.
You cannot make up facts in bail applications. You will be hammered from the bench with questions. Pick out what is necessary and relevant and apply.
One Q was - won't everyone raise time to prepare for defence - answer is yes. BUT, if your charge is an assault, chances are a person who is being charged with a more serious offence would deserve more time and room to prepare their case.