Bail Applications (NSW) FAQ

Bail is the conditional release of an accused person from custody pending the determination of their charges. In NSW it is governed by the Bail Act 2013 and requires the person to attend court and comply with any imposed conditions.

Police decide bail immediately after charge. If refused or the accused disputes conditions, the matter goes to the Local Court, and in serious cases the Supreme Court. Children's bail is heard in the Children's Court.

Under section 17 of the Bail Act, bail must be refused if there is an unacceptable risk the accused will fail to appear, commit a serious offence, endanger victims or the community, or interfere with witnesses that cannot be sufficiently mitigated by conditions.

Show cause offences are serious offences listed in section 16B of the Bail Act (including many Commonwealth drug offences, serious sexual and violent offences against children, and certain firearms offences). For these, the accused must show cause why detention is not justified before the unacceptable risk test is applied.

Show cause is not defined in the Act. Case law treats it as a practical assessment of whether the combined effect of personal circumstances, strength of the case, delay, and proposed conditions justify release. Strong sureties, rehabilitation progress, and weak prosecution cases often feature.

Conditions must be reasonable, proportionate, and no more onerous than necessary to address a bail concern. Common conditions include reporting to police, residence, curfews, non-contact directions, surrender of passport, and security deposits (surety).

A surety is a person who promises to forfeit a sum of money if the accused does not appear. The surety must be acceptable to the court, evidence their assets, and understand their obligations. Security can be cash deposit or asset-backed.

The accused can apply to the Supreme Court for a bail review under section 66 of the Bail Act. The Supreme Court can make a new decision on all the evidence — it is not confined to errors by the Local Court.

No, not without new grounds. Section 74 restricts further applications to situations where the person was not legally represented previously, information is presented that was not before the court, or circumstances have changed materially.

A breach occurs if the accused does not comply with a bail condition. Police can arrest without warrant, and the court can continue, vary, or revoke bail. Some breaches (such as failing to appear) are separate offences.

Yes. Failing to appear in accordance with a bail acknowledgment is an offence under section 79 of the Bail Act, punishable by up to 3 years imprisonment and/or a fine, unless the person has a reasonable excuse.

A first Local Court bail application is usually heard the day of charge or the next available court date. Supreme Court bail reviews typically take 2-4 weeks to be listed, faster if the matter is urgent.

Yes. Either the prosecutor or the accused can apply to vary bail conditions at any time. The court applies the same unacceptable risk analysis to the proposed new conditions.

Bail concerns are the four matters in section 17(2): risk of failing to appear, risk of committing a serious offence, risk of endangering victims or the community, and risk of interfering with witnesses or evidence.

The court considers the nature and seriousness of the alleged offence, the strength of the prosecution case, the accused's criminal history, community ties, history of compliance with bail, and any special vulnerability.

Yes. For persons under 18 the court must take the Children (Criminal Proceedings) Act principles into account, including that detention is a last resort and the need to maintain family and cultural connections.

Yes, but murder is a show cause offence, so the accused must first show cause, then satisfy the unacceptable risk test. Bail for murder is uncommon but has been granted in cases involving delay, weak evidence, or significant vulnerability.

An enforcement condition allows police to check compliance with another bail condition (for example by drug testing or residence checks) without warrant and at specified times. They must be specified and are reviewable.

Bail continues pending sentencing unless revoked. After conviction for a serious offence the court often revokes bail pending sentence because the presumption of innocence no longer applies and the seriousness of imminent custody is a stronger flight risk factor.

Local Court bail applications by private solicitors typically cost $1,500-$5,000. Supreme Court bail reviews typically cost $6,000-$15,000 depending on complexity and counsel. Legal Aid NSW provides bail representation subject to means and merit tests.