Bail or Jail? Navigating Your Best Chance at Freedom in New Zealand
Obtaining Bail in New Zealand When Facing Serious Criminal Charges
Facing serious criminal charges can be an incredibly stressful experience, and one of the first concerns many people have is whether they will be granted bail. Bail allows a person charged with an offence to remain in the community while waiting for their case to be resolved, rather than being held in custody. However, when it comes to serious criminal charges, the process of obtaining bail becomes more complex.
What Is Bail?
Bail is essentially a promise to the court that you will follow certain conditions and return for future court appearances. If you are granted bail, you can live in the community instead of being kept in custody while your case progresses.
When Is Bail Harder to Get?
For less serious offences, the law generally favours bail. However, when someone is charged with a serious offence—such as homicide offences, serious drug trafficking, domestic violence or offences involving firearms—the law shifts. The court is often required to take a stricter approach, and in some cases, the defendant must prove that they should be released rather than the prosecution having to prove why they should stay in custody.
How Does the Court Decide on Bail?
When deciding whether to grant bail, the court considers several key factors, including:
Risk to public safety – Will releasing the person put others at risk?
Likelihood of reoffending – Is there a real chance that the person will commit further offences if released?
Risk of not showing up to court – Does the person have a history of failing to attend court appearances?
Interference with witnesses – Could the person on bail try to influence or intimidate witnesses?
For serious charges, the court will often be reluctant to grant bail unless it is convinced that these risks can be managed.
What Can Help Your Bail Application?
If you are charged with a serious offence, there are several things that can help your case for bail:
A strong bail address – Having a stable place to live, especially with supportive family members, can improve your chances.
Strict bail conditions – Offering to abide by conditions such as a curfew, electronic monitoring (ankle bracelet), or reporting regularly to the police can help reassure the court.
Legal representation – An experienced criminal defence lawyer can argue on your behalf and present evidence to show that you are not a flight risk or a danger to the community.
Personal circumstances – Factors like employment, family responsibilities, and medical conditions can sometimes be taken into account.
Electronically Monitored Bail (EM Bail)
For those facing serious charges, the court may grant Electronically Monitored Bail (EM Bail) as an alternative to being held in custody. EM Bail involves wearing an ankle bracelet that tracks your location and ensures compliance with strict conditions, such as curfews and restricted movement. This type of bail is often considered for defendants who pose some level of risk but can be managed safely in the community under supervision. Applying for EM Bail requires a detailed assessment, and having legal representation can significantly improve your chances of success.
What If Bail Is Denied?
If bail is refused in the District Court, you may be able to apply to the High Court for a review of the decision. Similarly, if a case is being heard in the High Court for trial and your bail is refused, you may be able to apply to the Court of Appeal for a review of the decision. This is not an automatic process, and a lawyer will need to prepare legal arguments to challenge the original decision.
Get Expert Legal Help
Applying for bail in serious criminal cases is not straightforward. The stakes are high, and it is crucial to have an experienced criminal defence lawyer fighting for your release. If you or a loved one has been charged with a serious offence and needs urgent legal assistance, contact Steven Lack today. He can assess your situation and provide expert advice on the best way forward.
For professional legal representation in serious criminal matters, contact us at (09) 304 2888 or by email steven@stevenlack.co.nz to arrange an initial consultation.
This post is designed to be informative but does not replace legal advice. If you are facing charges, speak to a qualified criminal defence lawyer as soon as possible.
About the Author
Steven Lack is a leading criminal defence barrister based in Auckland, specialising in serious crime, including drug offences, homicide, and financial crime. With a strategic and meticulous approach, he provides expert legal representation for clients facing complex criminal charges.
For more information about Steven’s practice, visit About. If you need expert legal advice, explore the Legal Services he offers or Contact him directly.