You are entitled to the presumption of innocence, as well as the presumption of bail where bail has been objected to by the police. It is often the case that bail is objected to quickly, without proper consideration to the merits of the objection. Bail applications require appropriate evidence to support the application, and careful advocacy. Police often make extraordinary claims in sworn affidavits, which should not just be accepted. The impact that deprivation of liberty has on a person is extreme.
We assist clients who have been arrested and had their bail denied by a Watchhouse, and are appearing before a Magistrate. We will not allow a Magistrate to make a decision under the Bail Act without first placing appropriate material before them. This includes supporting affidavit material. We approach all of our bail applications as you would expect of a Barrister, and will not simply make submissions without evidence.
Of course, Magistrates can make the wrong decision, often where an individual has attempted to apply for bail themselves or with a Duty Lawyer without supporting material. We assist clients to show a material change of circumstances where appropriate, or to make an application to the Supreme Court. Get in contact now if you have been arrested, or a loved one is being held by the police. You can reach us right now on (07) 3180 0120