【Case Study】Bail Application in Canberra

In Canberra, Australia, when someone is charged with a criminal offence, whether or not they are granted bail can significantly impact the course of the case.

In a recent case we handled, our client was charged due to behaviour linked to serious mental health issues. But rather than being a disadvantage, this became the key factor that helped us secure bail. Today, we’d like to share this real-life case, and we hope it reassures others in similar situations: you are not alone — we are here to help.

How Does a Bail Application Work in Canberra?

When someone is arrested in Canberra, and the police refuse bail, they can apply for bail through the Magistrates Court.

At this stage, the role of a defence lawyer becomes crucial. We review all case materials in advance — including the police summary, the client’s history, and any other relevant documents — and challenge anything that appears unfair or unreasonable.

Even if the prosecution does not oppose bail, the magistrate still makes an independent decision. If the prosecution does oppose, they may even bring the arresting officer to court to argue against it. Our job as defence lawyers is to advocate for our client’s best interests, often by presenting their personal background, community ties, and family support to show that they are not a risk to the public.

Real Case: Mental Health as the Key to a Successful Bail Outcome

Our client had been diagnosed with a serious mental health condition (such as schizophrenia). During a period of instability, they acted out and were charged with a serious domestic violence offence involving injury. The facts presented by police were detailed and highly unfavourable. The prosecution strongly opposed bail.

We immediately activated our urgent response plan and prepared comprehensive materials to support a bail application.

What did we do to help?

To secure the magistrate’s understanding and trust, we prepared the following:

Arranged a Professional Mental Health Assessment

We quickly organised a psychiatric evaluation by an experienced specialist, who confirmed the client’s condition was stable and under treatment.

Submitted Medical Records and Treatment Plans

The doctor also provided a detailed treatment plan and medication history, showing that the client was committed to ongoing care.

Gathered Family Support Evidence

We helped the client’s family write a formal letter of undertaking, confirming they were willing and able to supervise and support him during bail.

Presented All Materials Clearly to the Court

We carefully compiled the evidence into a structured brief so that the magistrate could clearly understand the client’s situation, treatment, and support system.

At the bail hearing, we presented a compelling case showing that the client’s condition was stable, and that he had a solid family support network. The magistrate acknowledged the strength of our evidence and granted bail. Our client was able to return home and continue his treatment while preparing for the legal process ahead.

An important note…

Shortly before this case, the court had heard a very similar matter — a defendant with both mental and physical health issues also applied for bail. However, that lawyer had not obtained any professional medical evidence or provided a concrete support plan. As a result, the magistrate refused bail, citing a lack of credible evidence and high risk.

This comparison clearly shows that the success of a bail application often depends on how thoroughly the case is prepared. Verbal claims alone are not enough — solid medical assessments, structured treatment plans, and real support systems make all the difference.

Final Words: What Can We Do for You?

In reality, many people struggling with mental health aren’t “bad people” — they’re simply going through a rough patch in life. This case shows that, with the right legal approach at the right time, there is always a chance for a positive outcome.
If you or your loved one are facing a similar situation and don’t know what to do next, we strongly recommend contacting an experienced criminal defence lawyer as early as possible. Early legal advice can make a significant difference and prevent unnecessary harm.
We understand how overwhelming this can feel. You don’t have to go through this alone — our team in Canberra is ready to listen, support, and act on your behalf.