Bail Extension | Perceive the Implications & Penalties

August 30, 2023by Naomi Cramer

When you’ve got been launched on bail, however have been notified that your bail has been prolonged, it may well really feel like a little bit of a shock. You is likely to be questioning what it means for bail to be prolonged, what impression it might need on any open investigations, and what it may imply in case your case goes to trial. All of that is utterly comprehensible, and 1000’s of individuals undergo the same expertise every year within the Auckland. On this article, we are going to clarify what bail extension means within the Auckland and what implications it has for you. We can even focus on whether or not or not bail extension is an effective or dangerous factor. Maintain studying to get solutions to all of your questions!

What’s ‘bail’ within the Auckland?

Bail is a mechanism that permits folks accused of a crime to stay out of custody whereas they await trial. Bail may be granted if there’s not ample proof to point out that the particular person dedicated the offence, or if the bail situations are cheap and the chance of flight (i.e. your threat of working away and never attending any court hearings) is minimal.

You will need to notice that being granted bail doesn’t suggest any guilt or innocence. It solely reveals that the decide (or the officer, if you got bail by the charging station) believes you’ll attend all future hearings associated to your case, and that you’ll not current any speedy hazard to your self or others.

What’s the distinction between bail and being launched below investigation?

Bail and being launched below investigation (RUI) are comparable mechanisms in that they permit folks to stay out of custody whereas their case is being investigated.

Resulting from issues over how lengthy suspects had been being held whereas a crime was being investigated, nevertheless, a distinction was launched between bail and RUI. When you find yourself on bail, you might have a set time restrict for which you’ll stay on bail. When launched below investigation, there is no such thing as a such time restrict.

Each mechanisms may entail situations in your launch, equivalent to reporting to the police station at given intervals or not being allowed to depart the nation. These days, it’s rather more widespread to be launched below investigation than it’s to obtain bail – a lot in order that the remainder of our article contains reference to RUI guidelines in addition to the much less widespread bail procedures.

How lengthy do you get bail for within the Auckland?

If you’re launched below investigation, there is no such thing as a strict time restrict for the police to wrap up their investigation and carry your situations. It may final for years. When launched on bail, nevertheless, there are deadlines.

Typically talking, you obtain bail for 28 days within the first occasion, which can be prolonged as much as three months if the case is sufficiently advanced. This provides officers the prospect to conduct and conclude their investigations. If an extension is required, there are two additional extensions obtainable.

  • Bail may be prolonged from three to 6 months by an Inspector; and
  • bail could also be additional prolonged from six to 9 months by a Superintendent.

If the police want an extension past 9 months, they must get authorisation from a Justice of the Peace.

What occurs when bail is prolonged within the Auckland?

When bail is prolonged, it signifies that your bail situations are stored in place for an extended time frame. This doesn’t essentially imply that there’s extra proof in opposition to you, solely that the police and/or prosecution want extra time to analyze the case. Typically talking, and relying on the circumstances, bail may be prolonged for as much as 12 months.

Is bail extension within the Auckland a great or dangerous factor?

Bail extension may imply that the police and/or prosecution want extra time to construct their case in opposition to you, which may result in a extra critical cost or sentence. Then again, bail extension may imply that the police and/or prosecution are usually not certain about their case in opposition to you, which may enhance your possibilities of having the case dropped or being discovered harmless at trial. It may additionally imply that sources are stretched, and different (often extra critical) circumstances have taken precedence.

In the end, bail extension is neither a great nor dangerous factor; it’s merely a sign that extra time is required to analyze a selected case.

Can bail be prolonged previous 3 months?

Sure, bail may be prolonged previous three months. It may be prolonged as much as an extra 9 months if authorised by a Justice of the Peace.

How lengthy can Magistrates prolong bail for?

Magistrates are in a position to prolong bail by as much as 9 months along with the preliminary three months. This implies bail might be so long as 12 months in whole.

What number of instances are you able to be re-bailed?

Within the Auckland, bail time is ruled by the period of time you spend on bail, not the variety of instances you’re truly bailed. Which means that the police and/or Justice of the Peace will take note of the variety of days you might have already spent on bail, not whether or not you had been launched on bail, had your situations lifted, after which had been put again below bail situations. Because of the nature of bail proceedings and police investigations, it isn’t widespread to have bail situations lifted and later reinstated (until compelling new proof involves mild).

How lengthy can police preserve you on bail with out cost?

Pre-charge bail is proscribed to twenty-eight days per the Policing and Crime Act 2017, which got here into pressure in April 2017. The 28-day time restrict for pre-charge bail was established to cease suspects having to attend months, and even years, to listen to again about investigations. Whether or not the RUI scheme really presents an enchancment on that is one thing hotly debated by lawyers and activists alike.

Are you able to go on vacation whereas on bail?

In brief, perhaps. You’ll be able to go on vacation whereas on bail solely when you have been launched with out journey restrictions, or if any potential holidays have been authorized by the bail officer first. It is because bail officers should be sure that you’re not a flight threat (i.e. a threat of leaving and never attending court hearings). The bail officer can also impose sure situations in your journey, equivalent to how lengthy you possibly can go away for, which international locations you possibly can go to, how typically it’s important to report your location, and so forth.

Does bail imply you might have been charged?

Bail can happen earlier than or after you might have been charged, and simply because bail has been given doesn’t essentially imply that fees have been pressed. Bail merely means that the police are nonetheless investigating your case; this would possibly appear to be the police gathering extra proof or ready for steerage from the CPS. When you’ve got truly been charged, then the police are required to offer you a cost sheet outlining all the offences they imagine you might have dedicated.

Can bail situations be dropped?

Sure, bail situations may be dropped if there is no such thing as a longer a great purpose to maintain them in place. This might happen if the police are usually not in a position to collect sufficient proof in opposition to you, or in the event that they attain the conclusion that you wouldn’t current a threat of fleeing or committing additional offences. It may additionally occur in case your case is resolved earlier than trial.

What occurs when bail expires within the Auckland?

When bail expires, the bail situations are now not in impact. If you’re nonetheless below investigation, then bail may be prolonged if obligatory. In case your bail expires and it isn’t prolonged, then you’ll not must attend any extra court hearings associated to this case (until you might have been charged) and can now not be topic to bail.

What occurs when launched on bail within the Auckland?

When bail is granted, you’ll often be launched from custody with sure bail situations in place. These situations may embrace a curfew, a requirement to recurrently report back to the police station, restrictions on contact with different folks (e.g. victims), and/or digital tagging. If these bail situations are usually not adhered to then bail may be revoked, and chances are you’ll be remanded in custody till your trial date.

What occurs if bail is refused?

If bail is refused, it signifies that the police and/or prosecution have concluded that you just pose a threat to public security or are prone to flee. It may additionally imply that they imagine the proof in opposition to you is powerful sufficient that there could be little level in granting bail. On this state of affairs, you’ll stay detained in jail till your trial date.

The place to get extra assist with bail questions?

When you’ve got any extra questions on bail, please contact the staff at Stuart Miller Solicitors for a free, pleasant, and utterly non-judgmental session. We are able to offer you professional recommendation and assist all through the bail course of, and, in the event you want it, we are able to supply illustration at every other stage of proceedings. We would even be capable to get your case dropped earlier than it reaches trial. Contact us right now to get began.


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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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