Your selected location:
  1. Home
  2. /
  3. HHG Articles
  4. /
  5. Bail tips from our criminal law team
24 Mar 2018

Aside from those dealing with very simple criminal matters, the majority of people traversing their way through the criminal justice system will need to deal with the issue of bail. Our senior criminal lawyer, Siobhan Nims highlights some important tips to bear in mind when dealing with bail in this month’s e-checklist.

  1. Remember you only have one shot at bail – or, more accurately, once bail is refused, you cannot apply again for bail again on the same charges unless there is a change in your circumstances. For that reason, you should make every effort in a bail application to put your best foot forward. That might mean engaging the right representation and gathering all the necessary information and material in support of you getting bail BEFORE proceeding with a bail application – even if an adjournment in custody is required first.
  2. Do not under any circumstances breach protective bail conditions – protective bail conditions can be thought of as ‘extra-special’ bail conditions. Common protective bail conditions might include things like not communicating with the complainant or witnesses in a matter. Breach of protective bail conditions can be a further criminal charge in its own right. What’s more, if you’re charged with breaching protective bail conditions while you are still on bail, you will have to show the Court that you have ‘exceptional circumstances’ to even be able to ask for bail again. Which brings us to…
  3. Exceptional* circumstances – When people are on bail already for what the law says is a ‘serious offence’, and they then commit another ‘serious offence’, they have to show the Court they have exceptional circumstances. The exceptional circumstances are required just to be able to ask the Court for bail. Even if you have exceptional circumstances, the Court may still decide not to grant bail.

    *‘Exceptional’ means just that – there need to be very special reasons established to ask for bail. Bear in mind that the fact someone has a job is not exceptional, nor is the fact that a person has kids or a family.

Some examples of exceptional circumstances might include having a terminal illness, being the sole carer for someone else with a very serious illness or being the only available carer for high-needs children. ‘Exceptional circumstances’ can be made up of one set of circumstances (e.g. personal illness) or a combination of circumstances (e.g. personal illness, being the sole carer of a dependent family member and high needs children, for example).

  1. If you are on bail with a surety, check whether your surety automatically extends or whether your surety will have to come along to court each appearance to re-sign the bail. Remember that if the person going surety for you is needed to re-sign at each court appearance, you can be detained in lockup until they are able to sign. If your surety doesn’t automatically extend each court appearance, make sure you bring the person who is your surety along each time.
  2. If you can’t make the court date you are bailed to, let the court and your lawyer know ASAP. Usually, the Magistrate or Judge will issue an arrest warrant if you are on bail and don’t turn up to court when you are meant to. An arrest warrant allows police to pick you up and keep you in lock-up or prison until they can bring you before a court again. If you let the court and your lawyer know that you can’t make it, then sometimes a bail extension notice can be issued. That allows you to come back to court on a different day instead, without an arrest warrant being issued. If you do miss court, get and keep evidence as to why you missed court, for example, a medical certificate if you were sick. Don’t forget that if there is an arrest warrant because you missed court, you MUST hand yourself in to the police as soon as you are physically able to.

This is general information only and does not constitute specific legal advice. If you would like further information in relation to this matter or other legal matters please contact our office at reception@hhg.com.au or call us on 1800 609 945.

HHG Legal Group offers high service levels, without cost concerns. How? By pioneering a genuine, simple ‘client satisfaction guarantee’. If you aren’t happy, fees will be reduced.

*This is general information only, and does not constitute specific legal advice. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

Supporting Western Australians for more than 100 years

"Always fast and thorough service. Thank you"


My circumstances at the time I made contact with HHG were dire following my argument being rejected by two no win no fee firms. Following my initial meeting with HHG's employment law team I was left feeling extremely positive by the response and concern shown by HHG in regards to their support of my argument along with their preparedness to pursue an outcome on my behalf.

I accept the fact that nobody really wins in these cases (mental health/ workplace) however the end result was what would be considered most favourable and far in excess of what would have been achieved had I not sought the advice from HHG.

I have no hesitation in recommending HHG to anyone caught up in the messy circumstances I found myself in at the time.

Great advice and five-star commitment to their client!!"


"Thank you for such great assistance with the transaction of Flying Domestics on behalf of Lorna Good. It has been such a pleasure to work with the HHG Legal Group and I look forward to working with you in the future."


"Simon Creek and his team were at all times empathic, professional and confident.  My matter needed to be addressed within a pressing time frame, and their availability at short notice and contact after hours was much appreciated.  It caused me considerable stress, but having such a thoroughly reliable and competent team to call on helped me to feel in control. Although I hope not to need their services again in future, I would be confident in doing so!"


"A good outcome is what we can expect.  A great outcome is a sign of a company which does the very best for their clients. A very big thank you to Daniel Morris for showing empathy towards my small and much needed legal action.

To HHG Legal Group, thank you for a great outcome.  I would recommend your company to anyone seeking legal services."


"Your support this morning was amazingly kind, not to mention your totally reassuring competence, knowledge and wisdom that you used on my behalf.  It was extremely reassuring to have your knowledgeable support, and I particularly appreciated your real and obvious kindness to me. It means so much at a very difficult time. I'm so grateful to you."

Family Law Client

"Janene was very professional and we established a good rapport quickly. The subject of death and wills can be quite confronting to deal with, however, Janene's approach was soft and accommodating."


"A big thank you to HHG for their professional service, continued support, and wide range of legal knowledge. Our clients have given us nothing but kind words regarding HHG Legal Group and so we have no hesitation in referring and recommending Simon Creek and HHG Legal Group for their outstanding services and legal expertise."


"Simon is a friendly and practical legal advisor. I have received great feedback from the clients I have referred to him and his team at HHG Legal Group."


"Over the last few years, I have been impressed by Simon’s legal ability, management skills, entrepreneurial spirit, personal integrity and people skills. He appears to be that rare breed of lawyer – both knowledgeable and commercial."


"Our family has been a client of HHG Legal Group over many years.  Business has included drawing up of wills for three generations and preparing of probate for my father in law. I would have no hesitation in recommending HHG Legal Group to anyone requiring such services."


"You should be congratulated for the manner in which your staff address clients and we found our dealings with your company, once again a very pleasant experience and we would like to truly thank you for your efforts."

Steve and Jane

"HHG Legal were absolutely fantastic. Extremely responsive and brought calm to our chaotic family situation through their knowledge and caring attitude. Extremely professional from our very first contact with them and they expertly guided our family though the required legal process over almost a 12 month period."


"Fantastic team! They really care about their client. Tim Colcutt is a 'go that extra mile' guy who gives his client his all. I can't recommend HHG and Tim enough."


"I had a fantastic lawyer in Matthew Lilly. He helped me out a great deal with good, sound advice in a friendly, professional manner. First class, thanks Matthew"


"Marine Plant Systems has been working with HHG Legal Group for a few years now and they continually provide first-class service. Their professional advice has been invaluable to our company."


"We were kept up to date at all times. Pricing was always updated over the time period so we remained "in budget". Personal access to someone whenever I had questions. All in all a great experience without too much fuss."


"Good service you can count on."


"HHG Legal Group has provided outstanding support as I have taken the journey of buying a business, their professionalism is beyond reproach. Their assistance throughout the Due Diligence process has been invaluable, I would fully recommend them."


"Very friendly and efficient service - what a pleasure working with Matthew."


"I highly recommend Daniel from HHG Lawyer in Mandurah. When dealing with a complicated legal property matter recently I was extremely impressed by Daniel's honesty and integrity and the legal advice I received. I am very happy with the service from HHG Legal."


Select your location:

Please select your nearest office location so we can show you the most relevant information.