Drugs
7. Procedure After Arrest
Firm / Chambers:
Last updated: 21 Jul 2015
- For minor drug offences if you are arrested you are entitled to bail unless the police can show a reason under the bail laws why it should not be granted.
- Bail can be refused if:
- you have committed the alleged offence while on bail or on parole for another offence;
- you are subject to a good behaviour bond; or
- you have previously failed to appear to answer bail.
- You may not be entitled to bail for offences involving:
- the cultivation of a commercial quantity of plants; or
- the supply or manufacture of a commercial quantity of drugs:
- a ‘commercial quantity’ is defined in most states and territories and denotes an amount clearly above street level trafficking; and
- in Victoria a commercial quantity of cannabis is 100 plants or 25kg.
- In these cases the court will not grant bail unless you have a good reason why bail should be granted.
- In deciding whether to grant bail the court will take into account the following matters:
- the seriousness of the offence;
- the strength of the prosecution case;
- the likely jail term if you are convicted; and
- whether you have any prior convictions.
- When you sign a bail agreement you are undertaking to appear in court on the date and time specified unless your bail is extended.
- Bail agreements sometimes include an amount of money as surety. You only have to pay money if you are in breach of your bail conditions.
- If you fail to appear at the next court date or if you breach any other bail condition a warrant can be issued for your arrest. You may also forfeit the amount of your surety.
- The conditions of your bail will continue until the court orders it to end or change or the case is completed. You can apply to vary your bail conditions if you have a valid reason for doing so. For example if your bail has a condition about which police station you report to and you move house you can apply to vary the reporting requirement to a different police station.
- A list of the charges and an outline of the police evidence against you may be handed, posted, emailed or faxed to you by the police.
- The police will advise you when you will be required to attend court.
- It is at this point that you really should speak with a lawyer about your matter if you have not already done so. Take all the documents you received from the police to a lawyer.
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