Bail Applications in NSW: Urgent Legal Representation

Refused bail after being charged with a criminal offence? Being held in custody while awaiting trial can have devastating consequences for your employment, family, and mental health. In NSW, the right to bail is not automatic — particularly for serious offences or where there are prior convictions. Courts assess whether there is an unacceptable risk that you will fail to appear, commit further offences, endanger victims or witnesses, or interfere with the administration of justice.

At Barsha Defence Lawyers, we handle urgent bail applications across all NSW courts — including Local Court, District Court, and Supreme Court. We appear 24/7 in custody lists, prepare comprehensive bail materials, and fight hard to secure your release. This guide explains NSW bail law, the test courts apply, and what we do to maximise your prospects.

How Does Bail Work in NSW?

Bail is governed by the Bail Act 2013 (NSW). When police charge you with an offence, they decide whether to grant you bail or refuse it and hold you in custody until your first court appearance. If police refuse bail, you appear before a Magistrate in the custody list the next business day, and the court decides whether to grant bail.

If bail is refused by the Local Court, you can apply to the Supreme Court for a fresh bail determination. The Supreme Court has broader powers and can grant bail even where the Local Court refused it.

The Bail Test: What Must the Court Consider?

Under section 17 and section 18 of the Bail Act, the court must assess whether there are unacceptable risks that you will:

• Fail to appear at court
• Commit a serious offence while on bail
• Endanger the safety of victims, individuals, or the community
• Interfere with witnesses or evidence

If the court is satisfied that bail conditions can mitigate these risks to an acceptable level, bail must be granted. If not, bail is refused.

Show Cause Offences — The Reverse Onus

For certain serious offences listed in section 16A and Schedule 1 of the Bail Act, the bail test is reversed. You must show cause why your detention is not justified — the prosecution does not need to show why bail should be refused. This is a significantly higher threshold.

Show cause offences include:

• Serious indictable offences (maximum penalty life imprisonment or 25 years or more)
• Certain drug supply offences (commercial or large commercial quantities)
• Serious personal violence offences including murder, manslaughter, sexual assault, and aggravated dangerous driving causing death
• Firearms and weapons offences
• Offences committed while already on bail or parole
• Domestic violence offences where there is a history of violence or breach of ADVOs
• Stalking or intimidation offences

Bail Conditions

If bail is granted, the court will impose conditions designed to mitigate the identified risks. Common bail conditions include:

• Reporting to police at regular intervals (daily, weekly, or as directed)
• Residing at a specific address and not moving without notifying police
• Not contacting victims, witnesses, or co-accused
• Surrendering your passport and not leaving Australia
• Not going within a certain distance of specified locations (victim's home, witnesses, airports)
• Curfew — remaining at home between certain hours (e.g. 7pm to 7am)
• Electronic monitoring (GPS ankle bracelet)
• Surety — a person pledges money or property to guarantee your appearance
• Cash bail — you or someone else deposits money with the court
• Abstaining from alcohol or drugs, and submitting to random testing

Supreme Court Bail Applications

If the Local Court refuses bail, you have a right to apply to the NSW Supreme Court for a fresh determination under section 48 of the Bail Act. The Supreme Court conducts a full hearing and is not bound by the Local Court's decision.

Supreme Court bail applications are more formal and require:

• A detailed affidavit setting out your circumstances, ties to the community, proposed bail conditions, and why detention is not justified
• Affidavits from proposed sureties (if applicable)
• Character references and supporting materials
• Legal argument addressing the bail concerns and proposing tailored conditions

Supreme Court bail hearings are typically listed within 7-14 days of application. You remain in custody at a remand centre during this period unless bail is granted.

What Strengthens a Bail Application?

To maximise your prospects of bail, your lawyer will gather evidence demonstrating:

• Strong ties to the community — stable employment, long-term residence, family support
• A fixed residential address where you will live if granted bail
• Proposed sureties — family members willing to pledge money or property
• Willingness to comply with strict conditions — reporting, curfew, electronic monitoring
• A weak prosecution case or strong defences to the charges
• Medical or mental health issues that make custody particularly harmful
• Responsibilities to dependents (children, elderly parents, disabled family members)
• Low flight risk — surrendering passport, strong reasons to remain in NSW

Character references are critical. The court wants to know who you are beyond the criminal charges. References from employers, community leaders, doctors, and family members that speak to your reliability, character, and roots in the community can make the difference between bail being granted or refused.

What Barsha Defence Lawyers Will Do

When you or a family member contacts us for an urgent bail application:

• Appear in the custody list the next business day (if police refused bail)
• Speak with you in the cells before court to understand the charges and your circumstances
• Prepare a detailed bail application addressing each identified risk
• Gather supporting materials — proposed address, sureties, character references, employment letters, medical reports
• Propose tailored bail conditions designed to mitigate prosecution concerns
• Negotiate with the police prosecutor to secure their consent to bail where possible
• If bail is refused, immediately prepare a Supreme Court bail application
• Appear in urgent Supreme Court bail hearings
• Handle the underlying criminal charges — drug supply, assault police, ADVO breaches, and all other matters

Frequently Asked Questions

What happens if police refuse me bail?

You will be held in police custody overnight and brought before a Magistrate in the custody list the next business day. The court will then decide whether to grant bail. If you are refused bail by the court, you can apply to the Supreme Court.

How long does a bail hearing take?

Local Court bail applications in the custody list are typically brief — 10 to 30 minutes depending on complexity. Supreme Court bail applications are more detailed and can take 1-2 hours or longer. The court will usually hand down its decision immediately or reserve and deliver it within 24-48 hours.

What is a surety?

A surety is a person (usually a family member) who pledges money or property to guarantee you will appear at court. If you breach bail, the surety forfeits the pledged amount. Sureties strengthen bail applications by demonstrating that responsible people in your life are willing to vouch for you and have a financial interest in your compliance.

Can I get bail if I've been charged with a serious offence?

It depends. For show cause offences, you must demonstrate that your detention is not justified, which is difficult but not impossible. For non-show-cause offences, even serious charges can result in bail being granted if appropriate conditions can mitigate the risks. Strong legal representation is essential.

What if I breach my bail conditions?

Breaching bail conditions is a separate criminal offence and will result in your bail being revoked. You will be arrested and held in custody, and it becomes much harder to obtain bail again. If you are struggling to comply with a condition, contact your lawyer immediately to seek a variation rather than breaching.

How much does a bail application cost?

Fees vary depending on the complexity and urgency. A Local Court bail application is typically charged at a fixed fee. Supreme Court bail applications require more extensive preparation and are charged accordingly. Contact us for a quote — we offer transparent fixed fees wherever possible.

Can I apply for bail more than once?

Yes, but only if there is a change in circumstances. You cannot simply re-apply with the same facts after being refused. Changes in circumstances can include: new evidence undermining the prosecution case, changes in your personal situation, availability of a surety who was not previously available, or changes in the charges.

Related Criminal Matters

• Drug Supply
• Assault Police
• Contravene ADVO
• Dangerous Driving
• Mental Health Applications

The information on this page is general and does not constitute legal advice. Every bail matter is different. Contact Barsha Defence Lawyers immediately for urgent assistance. Liability limited by a scheme approved under Professional Standards Legislation.