What does ‘surety’ mean in a bail application?

What does it mean to be a ‘surety’ in a bail application? Since the introduction of tougher bail laws in 2015, bail applications have become increasingly important. We take a look at the tests courts must apply in making bail decisions, and case studies that illustrate how bail applications work.   Firstly, what is bail? Bail…

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Do you get bail money back? A how to guide

When bail is granted to an accused, there are often conditions that are placed on the bail undertaking. One of these conditions is the deposit of a sum of money or security. The typical form of security is property. This article details how to get your bail money or security back. The bail money or…

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Weekend bail application (case study)

Case facts Our client was charged with two counts of aggravated sexual assault against a child under the age of 10 – his son. He was refused police bail and had to appear before the Parramatta weekend bail court. His family were frantic and they called numerous local lawyers at midnight to no avail. They contacted…

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Section 10 NSW

OverviewCase StudiesOverview What is section 10? Section 10 orders are a criminal penalty that can be imposed by a magistrate or judge during sentencing. Under section 10 of the Crimes (Sentencing Procedure) Act 1999 (NSW) a court can find the accused guilty of an offence without recording a criminal conviction. These orders can be made with or without…

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