Bail is a complicated area of law governed by the Bail Act NSW (2013). There are several different tests that relate to court bail, including:

• The Court asking if the matter is a Show Cause offence? (if so you must show cause as to why detention is not justified). If this test applies to you it makes it harder to get bail.
• If the matter is not a show cause OR if detention is not justified the Court moves to assesses any bail considerations
• There are four main Bail considerations. A Bail consideration can be either a Bail Concern or an Unacceptable Risk.
• Will the accused fail to appear at Court if given liberty?
• Will the accused commit a serious offence if given liberty?
• Will the accused if released from custody endanger the safety of the victim, individuals or the community?
• Will the accused attempt to interfere with witnesses or evidence?

  • If the outcome is there is no Bail Concern or a Bail concern that can be mitigated with a condition Bail will be granted.
  • If the consideration is assessed by the Court to be an Unacceptable Risk bail will be refused.

The tests are intermingled and the one that is applicable to your case depends on the type and number of charges that you are facing. Bail may be more difficult to obtain for serious drug offences such as importations, violent offences including sexual offences, murder and robbery. You may also find it more difficult to be granted bail if you already have certain offences on your criminal record, are considered a “repeat offender”, or were already on a bond or on bail at the time of the alleged offence.


Common bail conditions include:

  • Residing at a specified address;
  • Curfew;
  • Periodic reporting to the police station;
  • Not being able to leave the state and/or country; and
  • Not being able to associate with witnesses or co-accused.
  • Comply with AVO;
  • Engage in rehabilitation;
  • Offering a Bail Surety (promise to pay or forfeiture);
  • Offering a Character acknowledgement;
  • Surrender Passport;
  • Drug and Alcohol Testing;
  • Not enter a certain place or places;
  • Not enter the driver’s seat of a vehicle;
  • Bail as a conditional freedom.

If bail is granted, the Accused is released from custody, but their release may be subject to conditions. The conditions are imposed to alleviate any perceived potential risks once the Accused has been released.

Denial of bail

If bail is refused, the Accused is remanded in custody. However, being held in custody whilst awaiting the next court date can have serious implications. Just as the courts regard imprisonment as a ‘last resort’ in sentencing, remanding a defendant in custody should also be regarded as a last resort.

When bail can be granted

Bail can be granted at any stage of the criminal process from the point of arrest through to the trial, sentence and final appeals.

If you or someone you know needs assistance with a Bail related matter Rep-Revive Criminal Lawyers® can guarantee that an Experienced Defence Lawyer will represent you. This means that with our criminal law experience you will get the best result possible.

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