Bail

  • See pg 43: ‘The victim, offender and witnesses (if applicable) are to be interviewed, statements taken and physical evidence is to be gathered and a determination made as to whether sufficient evidence exists to commence criminal proceedings. If sufficient evidence is present, the offender is charged with appropriate criminal offence/s and/or police apply for a Provisional/ urgent ADVO. Ensure that appropriate ADVO and/or bail conditions are placed on the offender to ensure victim’s safety.’
  • Office of the Director of Public Prosecutions (NSW), Prosecution Guidelines (at March 2021).

    See Chapter 5.4 :- Information about bail.

    The victim must be:

    • notified whenever the accused applies for bail, including any application to vary the conditions of bail
    • consulted about any need for protection they may have prior to the hearing of the bail application
    • promptly informed of the outcome of any bail application, including any special bail conditions designed to protect the victim or the victim’s family.

    Information about the date, time and location of court listings:

    • The prosecutor must inform the victim about the date, time and location of any mention or hearing of the case, including bail, committal, trial, sentence, appeal and breach of sentence hearing.

    Information about the outcome of hearings:

    • The prosecutor must inform the victim about the outcome of any part of the proceedings, including bail, criminal case conference, committal, trial, sentence, appeals and breach of sentence.
  • Section 4.3.4 discusses charge and bail –

    ‘Bail does not replace the need to seek a (protection order). In any situations where the accused person is to be charged and bailed and a (protection order) is also to be sought, bail conditions should seek to protect AFMs (Affected Family Members) and witnesses, as with any other serious criminal offence. Bail conditions are to ensure the attendance of the respondent at court and to protect AFMs and witnesses so should include any condition/s sought in the (protection order) relevant to (non) contact with the AFM.

    If conditions are imposed when granting bail, the bail decision maker must make sure they are consistent with each condition of an (protection order), Family Violence Safety Notice or recognised DVO. When a bail decision maker imposes conditions that are inconsistent with an (protection order), they must be satisfied that the bail condition better protects the victim. Should such conditions be made, the informant must apply to vary the original order to ensure the civil action is consistent with the bail conditions.’