Bail Applications

Under the Bail Act 2000, there is a general presumption in favour of bail. In most cases, the Police or Crown must satisfy the Court there is just cause for continued detention. In some circumstances, a reverse onus applies instead, meaning it becomes the defendant's task to satisfy the Court that bail is appropriate.

The Court's assessment under section 8 of the Bail Act focuses on three main risks: whether you will fail to attend your next court hearing, whether you will interfere with witnesses or evidence, and whether you will offend while on bail.

There are two main types of bail available in New Zealand. Bail simpliciter is the grant of bail without electronic monitoring. EM bail involves electronic monitoring conditions, and is usually considered where bail simpliciter has been deemed unsuitable, often due to the seriousness of the charges or a history of non-compliance with Court orders.

Strict bail conditions, such as a curfew, non-association conditions, or restrictions on travel, can meaningfully increase the chance of being granted bail. These conditions are often seen by the Court as reducing the risks that would otherwise justify continued detention.

Bail applications are usually one of the first steps in a criminal proceeding, and often need to be prepared quickly. Early legal representation gives you the best opportunity to put together a strong application addressing the specific factors the Court will consider, including a suitable address and appropriate proposed conditions.