Can I get Bail?
Can I get bail for drug charges, assault or DUI in Western Australia?
If you have been charged with a criminal offence in Western Australia, one of your first concerns is likely to be whether you can be released from custody while your case is going through the court process. The good news is that many people charged with offences such as drug possession, assault or drink driving are granted bail. However, bail is not automatic and every case is assessed on its own facts.
What Is bail?
Bail is a legal undertaking under the Bail Act 1982 (WA) that allows a person charged with an offence to remain in the community while their case proceeds through the courts. If granted bail, you must comply with any conditions imposed by the court or police and attend all future court appearances. Failure to comply with bail conditions can result in further charges and may affect future bail applications.
Can I get bail for drug charges in WA?
Often, yes. Many people charged with drug offences are granted bail, particularly where: • The allegation involves personal use quantities. • The accused has limited or no criminal history. • There is a stable residential address. • The accused is employed or studying. • There is a low risk of failing to attend court. Examples of drug charges where bail is commonly granted include: • Possession of a prohibited drug. • Possession of drug paraphernalia. • Possession of cannabis. • Possession of methamphetamine. • Possession with intent to sell or supply (depending on the circumstances). However, bail can become more difficult where: • Large commercial quantities are involved. • The allegation concerns drug trafficking. • There are extensive prior convictions. • The accused has previously breached bail.
Can I get bail for assault charges?
In many cases, yes. Whether bail is granted depends largely on the seriousness of the allegation and the circumstances surrounding the incident. Factors that may assist a bail application include: • No prior history of violence. • Stable accommodation. • Employment commitments. • Strong community ties. • A willingness to comply with bail conditions.
Is bail available for aggravated ssault?
Potentially. The court will consider: • The nature of the injuries. • Whether a weapon was allegedly used. • Whether the complainant requires protection. • Any history of violence. • Whether there is a risk of further offending. In some cases, bail conditions may include: • No contact with the complainant. • Not attending certain locations. • Residing at a specified address. • Reporting to police.
Can I get bail for drink driving charges in WA?
For most drink driving matters, the issue of bail does not arise because the accused is usually released by police after being charged. However, bail may become relevant where: • The incident involved a crash. • There are additional criminal charges. Even where bail is granted, you may face immediate licence consequences depending on the type of offence alleged.
What factors does the court consider when deciding bail?
The court considers a range of factors, including: The court will consider: I. Your residential stability. II. Employment. III. Previous attendance at court. IV. Criminal history. V. The nature of the allegation. VI. Compliance with previous court orders. Is There a Risk to the Community? Particular attention may be given to: • Violent allegations. • Family violence allegations. • Serious drug matters. • Threats to witnesses.
What if I have previously breached bail?
Previous breaches can significantly affect a new bail application. However, they do not automatically prevent bail being granted. What Happens If Police Refuse Bail? Police do not have the final say. If police refuse bail, you will usually appear before a court where a magistrate can consider a bail application. A lawyer can: • Present information supporting release. • Address concerns raised by police. • Propose suitable bail conditions. • Make submissions about your personal circumstances.
What if I was already on bail?
If you were already on bail for a "Serious Offence" as defined in the Bail Act 1982 (WA) and you are charged with another "Serious Offence", you become what is known as a "Schedule 2 Offender". This means that you have to show exceptional circumstances in order to get bail.
Can I keep applying for bail?
You generally have to demonstrate a change in circumstances to apply for bail again after it has been refused in the same court. That is why it is important to seek legal advice before you apply for bail.
What conditions can be attached to bail?
Common conditions include: • Living at a specified address. • Reporting to a police station. • Surrendering a passport. • Not contacting certain people. • Curfews. • Restrictions on travel. Conditions vary depending on the allegations and individual circumstances.
How can a criminal lawyer help with bail?
A criminal lawyer can assist by: • Preparing a bail application. • Gathering supporting material. • Presenting your circumstances to the court. • Addressing concerns raised by police or prosecutors. • Seeking variations to existing bail conditions. Early legal representation can often improve the quality of information presented to the court and ensure your application is properly prepared.
Need advice about bail in Western Australia?
This is general information only. If you or a family member has been charged with a criminal offence, obtaining legal advice as early as possible is important. Boudica Criminal Law regularly assists clients with bail applications and criminal charges in Busselton, Bunbury, Margaret River, Dunsborough and throughout Western Australia. You can also read more about bail here.
