Bail Applications

Bail is the conditional release of a person into the community before the finalisation of their criminal matter. In order for bail to be granted, a bail application must be made before the relevant court, which will consider whether the accused person should be released into the community subject to conditions or remain in custody pending the outcome of their case. Bail conditions may include requirements such as reporting to police, residing at a specified address, surrendering a passport, abstaining from drugs and alcohol, or avoiding contact with certain individuals.

When determining a bail application in New South Wales, the court will consider a range of factors, including the seriousness of the alleged offence, the strength of the prosecution case, the accused person’s criminal history, ties to the community, and whether there is an unacceptable risk of failing to appear, committing further offences, or interfering with witnesses. In more serious criminal matters, the accused may be required to “show cause” as to why their detention is not justified before bail can be granted.

​

If bail is refused by police or the court, a person may remain in custody until their matter is finalised unless a further bail application is successfully made. Because bail applications can significantly affect a person’s freedom, employment, and family circumstances, obtaining advice from an experienced bail lawyer in Sydney or criminal defence lawyer in Liverpool NSW is important. A lawyer experienced in bail applications and criminal law matters can assist in preparing strong submissions, obtaining supporting material, and presenting the best possible case for release before the Local Court or Supreme Court of New South Wales.