1. Offer a Suitable Bail Address

The first consideration on any application for bail is the proposed address. The Court will favour an address that is:

• Stable
• Safe
• Long term
• Preferably with family or someone who has an established relationship with the accused

The Court will enquire as to who else lives at the address, whether any of them have a criminal history or charges pending. The Court will want to hear evidence from you about the address, who lives there, how long you’ve lived at the address, how you know the accused person and among other things, your understanding of any treatment needs they have, such as drug or alcohol dependency.

2. Provide a surety (financial guarantee)

A surety is a person who agrees to forfeit a set amount of money if the accused fails to attend court.

Sureties are often powerful in reassuring the court that the accused has strong family support, ties to the jurisdiction and an extra incentive to comply with bail.

A surety can be provided either as a cash deposit or as equity secured against a property. It can be high risk, as if an accused absconds or re-offends, an application can be made by Police or the Director of Public Prosecutions to forfeit your surety.

3. Help gather supporting materials

The more evidence we can present to support the accused’s ties to the community and prospects of rehabilitation, the better.

You can assist by collecting documents such as:

• Medical records or letters from treating professionals
• Proof of employment or support from an employer confirming a job awaits
• Evidence of family responsibilities (e.g., childcare obligations)
• Support letters from friends, family, or community leaders

4. Assist with residential rehabilitation applications

If drug or alcohol treatment is relevant, a plan for residential rehabilitation can be a compelling reason to grant bail.

The key way family support applicants for bail in this context is by financially supporting assessment and intake processes at rehabilitation centres. You should discuss with your lawyer if this is an option and how best you can assist.

5. Show up – your presence matters

If you’re able to attend court, either in person or online, your presence sends a message to the magistrate or judge that the accused has support, structure, and accountability on the outside.

Even if you don’t speak, simply being there can reinforce the strength of their community ties.

We’ll guide you every step of the way

Supporting a bail application doesn’t mean you need to navigate the legal system alone. At Emma Turnbull Lawyers, we’ll work with you to prepare the strongest application possible, and that includes helping you know what to provide, how to be ready, and what to expect.

Your practical support could be the key to getting your loved one home.