Changing Bail Conditions For Employment
Strict home detention bail conditions with electronic monitoring and curfew changed to permit ongoing employment.
Background
Our client was charged with a serious assault against his former partner and placed on strict home detention bail conditions requiring him to remain at his residence except under limited circumstances approved by his supervising officer. While these conditions aimed to ensure compliance and public safety, they inadvertently created barriers to employment. Specifically:
Bail Prevented Going to Work
- He required permission from his supervising officer for every instance of leaving home for work.
- These permissions often came with delays or miscommunications, leading to lost income and employment opportunities.
- His employer needed him to adhere to specific routes for waste haulage work, creating logistical complexities.
We prepared detailed submissions and mapped the routes from our client’s residence to multiple work sites and secured a bail variation with over 12 pages of street by street directions.
Outcome at a glance
- Successful bail variation despite serious allegations of violence
- Drafting twelve (12) pages of submissions to address the Court’s concerns
- Client was able to resume employment and charges were subsequently withdrawn
We meticulously prepared a long-form submission, detailing every possible travel route our client may take for work. This included primary routes, alternative routes, specific times and directions.
Our Instructions
To modify these conditions to:
- Remove the need for frequent approvals from his supervising officer.
- Replace this oversight with detailed pre-approved travel routes under court supervision.
The Challenge
Bail variation applications can be complex, particularly when conditions like home detention intersect with employment requirements. The following challenges arose in our client’s case:
- Conflicting Oversight – Existing conditions gave both the court and the supervising officer overlapping responsibilities, leading to delays and confusion.
- Stringent Documentation – The court required precise and comprehensive details of all travel routes for approval.
Our Approach
At Talon Legal, we believe in thorough preparation and client-centered advocacy. Here is how we approached a recent client’s case:
Understanding the Client’s Needs
We conducted detailed consultations with our client to:
- Understand his employment obligations, including work hours, locations, and routes.
- Identify pain points in the existing bail conditions, such as delays caused by supervisory approvals.
- Discuss the practical implications of any variation for both compliance and his livelihood.
Drafting the Application
The application process involved:
- Drafting a Form 21 bail variation application, clearly articulating the grounds for modification.
- Collecting supporting documentation, including employment letters, work schedules, and proposed travel routes.
- Mapping out every travel route, turn by turn, including return trips down to road names and distances.
- Double checking the travel route using Google street view on a turn by turn basis and confirming any road closures that may result in in an inadvertent breach of bail conditions for the purpose of attending work.
Zealous Advocacy
We preemptively addressed key issues in our filings:
- Highlighting the removal of supervisory approval for employment-related travel.
- Demonstrating that court supervision would suffice to ensure compliance.
Outcome: Complicated Bail Variation Granted
Our client’s home detention bail conditions were successfully changed to allow him to be supervised by the Court instead of the Department of Corrections. Several weeks later, the substantive allegations our client were withdrawn by the Prosecution.
Speak with an experienced criminal lawyer
Speak with Adelaide’s leading criminal defence lawyers for bail variations if you or someone you know is currently under strict bail conditions including home detention and unable to work. Contact Talon Legal today to discuss your case for free and without obligation:
- Call now (08) 7094 2021 or book your free case review online.
- Read our recent case studies: Recent successful case studies.
- Learn more about assault law in SA: Assault & Violence Offences hub.
