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Bail is a written promise a person makes to go to court on a certain day and at a particular time. When signed, it's called a bail undertaking.

This means that they do not have to be detained while awaiting their next court appearance. If he or she breaks the promise, the court can order their arrest by the police.

Adult bail

An adult person released to bail may also require another person to sign a statement promising to assist and ensure that the person attends court. This person is known as a surety.

The surety must be of good character, known to the person concerned and be prepared to pay an amount of money if the person concerned does not attend court on the day and time stated in the bail undertaking. This surety has to be approved by a justice of the peace before the person concerned can be released.

Not all adults charged with an offence are granted bail by the courts. If this is the case, then they will be remanded in custody.

Juvenile bail

For a young person aged 10 to 17 to get bail, a responsible adult must sign the undertaking to make sure the promise is kept. A responsible adult can be dad or mum, a relative, boss or anyone the police or magistrate thinks can help look after and supervise the young person - encouraging them not to commit further crime while waiting for their court date.

Some bail arrangements need an adult person to sign a monetary surety. The same rules apply to sureties for young people as sureties for adult people. A supervised bail program can also be made available to young people who do not have a surety or access to a responsible adult.

Not all young people charged with an offence are granted bail by the courts. If this is the case, then they will be remanded in custody to the Banksia Hill Detention Centre.

Other bail arrangements such as community bail, home detention bail, and bail release to a community hostel are also available.

More information about bail legislation and regulations may be found on the Magistrates Court website or Legal Aid website.

Last updated: 9-Jun-2017

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