Will You Get Bail in NSW – Or Be Held in Custody Until Trial?

When someone is charged with a criminal offence in NSW, one of the first questions they (and their family) ask is: Will I get bail or be held in custody?

The answer depends on the seriousness of the offence and whether the court believes you are a risk to the community.

 

What is Bail?

Bail is a court’s permission for an accused person to remain in the community while awaiting trial.

The police or a magistrate can grant it.

There are strict conditions attached, and breaching bail can result in arrest and additional charges.

 

Bail Applications: What Courts Consider

Under the Bail Act 2013 (NSW), courts assess:

  • Whether the offence is a “show cause” offence
  • Whether the accused poses an unacceptable risk
  • The accused’s criminal history
  • Community safety and the likelihood of reoffending

 

Show Cause Offences

For serious offences like:

  • Armed robbery
  • Serious domestic violence
  • Firearms offences
  • Sexual assault

…the accused must “show cause” why their detention is not justified.

 

Bail Conditions

Courts may impose strict bail conditions to manage risk, including:

  • Reporting to the police
  • Curfews
  • Sureties or bond payments
  • Restrictions on contact or movement

 

What If Bail Is Refused?

You can reapply in the same court, but only if:

  • There are new facts or circumstances.
  • Material information relevant to the application was not presented in the initial submission.
  • You were not legally represented when the previous application was dealt with.
  • You are a child, and the previous application was made on a first appearance for the offence.

Otherwise, you may apply to the Supreme Court for bail if bail was refused in the Local Court and you do not meet any of the above criteria to apply for bail in the Local Court again.

 

How a Lawyer Can Help

Bail applications are complex and time-sensitive.

A criminal lawyer can:

  • Prepare strong written submissions
  • Propose realistic and persuasive bail conditions
  • Ensure all evidence is properly presented

 

We Act Fast on Bail Applications

If someone you love is in custody, every hour counts.

Our team can urgently prepare and present bail applications in NSW courts.

Contact us now to give your application the best chance of success.