Priority one: overnight custody

PRIORITY ONE: OVERNIGHT CUSTODY
The priority of the duty solicitor is to assist people in overnight custody to apply for bail. It is important that the duty solicitor pursue every application for bail vigorously, regardless of their own view of the prospects of success. Even where a bail application is unsuccessful, it matters that the person feels a professional effort was made on their behalf. Common reasons why people are in overnight custody: Outstanding warrants of apprehension: the person has previously failed to attend court, answer bail or a summons, or the person was never summonsed; Allegation of fresh offending: the person has been arrested and charged with an offence(s) and police bail has been refused; Combination of the above: the person has been arrested for fresh offence(s) and a warrant check revealed outstanding first instance warrants and/or warrants of commitment; Breach of bail agreement: the person has been arrested and charged with breaching a condition of their bail agreement; Guarantor has revoked the guarantee: the guarantor has attended court and requested their removal as guarantor on the bail agreement [see Bail Act 1985 s 7(5)]; or Unable to satisfy a condition of bail: the person has remained in custody being unable to meet all the conditions set for bail in a previous application.

PRIORITY ONE: OVERNIGHT CUSTODY

The priority of the duty solicitor is to assist people in overnight custody to apply for bail. It is important that the duty solicitor pursue every application for bail vigorously, regardless of their own view of the prospects of success. Even where a bail application is unsuccessful, it matters that the person feels a professional effort was made on their behalf.

Common reasons why people are in overnight custody:

Outstanding warrants of apprehension: the person has previously failed to attend court, answer bail or a summons, or the person was never summonsed;
Allegation of fresh offending: the person has been arrested and charged with an offence(s) and police bail has been refused;
Combination of the above: the person has been arrested for fresh offence(s) and a warrant check revealed outstanding first instance warrants and/or warrants of commitment;
Breach of bail agreement: the person has been arrested and charged with breaching a condition of their bail agreement;
Guarantor has revoked the guarantee: the guarantor has attended court and requested their removal as guarantor on the bail agreement [see Bail Act 1985 s 7(5)]; or
Unable to satisfy a condition of bail: the person has remained in custody being unable to meet all the conditions set for bail in a previous application.

Priority one: overnight custody : Last Revised: Mon Jul 9th 2012

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