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gtarman

How to challenge bail conditions in NSW?

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So a friend of mine at a recent peaceful protest at a forest blockade in NSW was arrested for trespassing, and the police set bail conditions that he would not be allowed within 100km of the protest site until court proceedings have been finalized, which is many months away most likely...he wants to challenge these conditions in a NSW magistrates court as he has been told that he can.

It's kinda bullshit really - for a nonviolent offence, to put these conditions on it is basically just trying to impede the activists' ability to protest any further, even legally (they're giving these conditions to everybody being arrested at the protests, and all for the same minor charges), which is just not right in a democratic society. As I understand it the purpose of bail is to ensure you arrive in court, and bail conditions are imposed for the protection of victims of violent offenders and such...there really was no victim in these peaceful "crimes" save for perhaps the human rights to freedom of movement and freedom of assembly.

So does anybody know what the exact process for challeging bail conditions is, and how to go about it? Apprently it can be done at any magistrates court in NSW...but I couldn't find any guides that help explain the process online. Do you need to book a court date or just show up? Is there a particular way you ought to frame the case to the magistrate to increase chances of success, when you know very little about law? Are there any fees that you have to pay?

Thanks for your help!

Gman

Edited by gtarman

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fark 100km exclusion that is a bit harsh.... they are considering shooting us down here soon I hear...lol

Sorry can't help with NSW legals, but I will presume its designed to tie up time and come at a cost

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I would definitely consider getting a lawyer.

Thanks, but it's not really an option...my mate is as broke as a toddler's teacup.

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Im pretty sure you're friend can apply for a pro bono solicitor, is your friend affiliated with centrelink? Maybe ask them for advice. Perhaps search the yellow pages? Im not entirely sure but there should be people available to represent you. There are human rights lawyer's who are willing to do some work for free, you just need to get ib contact with them /: Do a bit of research and luckily you'll find something to help your friend.

I hope everything goes well and my empathy for your plight!

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left of centre....the lads may be tied up with a lot of shit, but he may get some quick and brutal advice from the

Environmental Defenders Office ....but they have had their funding cut hard across Australia ( thanks Mad Monk....shakes head).

A phone call to the office won't hurt :wink:

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have you asked torsten to comment?

you don't need a lawyer to represent you for every little thing. if somebody with a bit of knowledge indicates that you might be able to make your case in person and be in with half a shot..... thoroughly read any info the court gives you "the bogan's guide to appealing bail conditions", file your shit properly, and who knows maybe your friend can blaze the trail for the more passionate arrestees to get back out to the site.

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my advice is usually to get a lawyer, but that's for drug cases where there is usually a lot at stake. My advice in this case is to get in touch with protests groups who have legal experience. This is a pretty standard situation so they should be able to give enough advice so you don't need a lawyer. There are not many anti logging groups around anymore, but PLENTY of anti-CSG groups which would have exactly the same problems. Check with your local groups and if that doesn't help then go further afield [via facebook for example]. Scenic rim CSG group in gold coast hinerland had a major protest case last year which went well. Similar situation where some guy chained himself to a drill rig.

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In not sure of the credibility of this article. But hey if you want to go down route go for it.

http://nesaraaustralia.com/2012/09/22/how-and-why-you-should-fight-all-fines-by-an-ex-police-sergeant/

That's written by one of those freeman nutcases. Such defences do not work in lower courts. That article in paticular is bad because it will get people much heavier penalties, which he doesn't warn about. The fact he lies about his previous occupation to give imself more credibility also doesn't help.

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I wouldn't challenge it without legal advice.

From what I understand a magistrate would see those as reasonable conditions for recognizance in your mates' case. If the magistrate has had a shitty day he/she could revoke the bail and have your mate taken into custody to prevent any further similar offences.

Conditions applied to bail have to be relevant to the original offence and are worded to prevent the offender from re-offending whilst having minimal impact on normal civil liberties and rights. So your mate would have to show that the bail terms were unreasonable and demonstrate that he has no intent to re-offend.

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