Amazulu

There was a case a few years ago where a couple of young English migrants (I think they were PR) committed a serious assault in Perth and after being found guilty were deported. I can't remember if they did their time first because that is usually the case

One of the great things that Australia does is deport foreign criminals - even if they have lived here nearly all their lives. A hard line is definitely taken. For instance, there are currently about 1000 NZ citizens facing removal - something that has upset the NZ PM. Tough shit Key, they're out of here. Kiwis can come here with no questions asked, so if they act like assholes, kick `em out

I don't think that this relates to the OP though (which is why I haven't quoted her)

Pollyana

Bail can also be given in Australia.

Beoz

OK true. Sounds like this one is just a court notice though.

Bail seems to be a mandatory thing in the UK, especially if they are trying to establish the facts in order to charge.

Susan41658

Bail is used quite a lot in the UK. From what I know, they let him out the next morning and gave him a court date. So I guess it would be a court notice

Swerv-o

Bail is used both here and in the UK as an alternative to remanding in custody after a person has been charged. It is from the bail that the police will derive the power of arrest if you fail to attend the court at the specified time - this is known as a breach of bail conditions, and the ramifications of breaking these conditions can be serious.

The Police can also apply other bail conditions such as 'Must reside at XYZ address' or 'Must have no contact with ABC person' (usually the aggrieved). Only in very serious cases will Police seek to seize a passport, and an alternative is making a person report to a specified police station on a regular basis.

Bail can also be used as a period when the Police can release a suspect with a view to gathering additional evidence and then re-interviewing them at a later time. This is known as Police Bail, rather than court Bail, and the same conditions can still be applied, though the suspect will be bailed to return to the Police Station rather than a court.

The circumstances here make this sound very much like a common assault, and is probably at the very low end of the scale. In the UK, this could have been dealt with by way of a caution had the offence been admitted. not sure which state the OP's BF is in here, so difficult to decide what legislation this will be covered by.

Always get legal advice - even if it's only from the duty solicitor.


S

Beoz

Yeah. I'd be ringing around and finding a lawyer who thinks they can get a Section 10 no conviction, then somehow get the money to pay. Sounds like its really low scale and a section 10 is possible.

Swerv-o

Yup. A lot of contrition and humbleness would go a long way to help here.


S

Beoz

..... and a guilty plea

Swerv-o

Yup...

Susan41658

Thanks guys, I really appreciate your responses.

He knows he's done it so I woke have thought guilty th plea is definitely the way to go. He's not the sort of person to go around doing this on a daily basis so humbleness definitely comes in to it. He said as soon as it happened that he shouldn't have done it.

Swerv-o, do you mean state as in part of the country? He's in Adelaide so SA

Pollyana

Yes, each state in Australia has its own laws as well as there being federal law which is the national one.

Susan41658

Hi All!I know this is quite late after the final thread but just wanted to give you all an update. My boyfriend went to court and ended up with a $2000 fine, reduced to $1600, reason why i am not aware of. He was spared 2 weeks in prison, again, not sure why but i believe it could be due to him coming home 10 days after the court date, first offence, showing remorse etc. He is now paying $50 a week until i can get out there permanatently and help with the bills etc where he will be able to pay a bigger chunk at a time. Thank you for all your responses and help, just thought it might be helpful to post the actual outcome if anyone else ever finds themself in the same situation!

Pollyana

Thanks for the update, always good in case anyone is in a similar position

I guess his main issue now will be when he actually applies for PR, and how they view his conviction at that time. I'd suggest gettng a good registered agent on the case then.

Susan41658

Yes, he is now finding out about the repercussions. He was stopped when he was leaving and re-entering Australia when he came back for a visit in November. I think his lawyer said because it was just a fine there shouldn't be any problems but we shall see. I believe the plan is to wait until i can also apply for my PR so we can cut the cost and do it together so that wont be for a few years yet!

DC10

Bail (and arrest, for that matter) seems to be used very differently in Britain. It sometimes seemed like half the country was on police bail or being arrested on the vaguest of suspicions - i.e. the cops just wanted to have a chat. Here they would usually just say someone was "helping police with their inquiries", unless they had actually been charged and were awaiting court.