Bail Applications in NSW

Being arrested or having a loved one taken into custody is one of the most stressful experiences a person can face. In the immediate aftermath, the most pressing issue is securing their release from custody pending their court case. This process is known as a bail application.

The laws governing bail in New South Wales are complex and strict. The outcome of a bail application can have a profound impact on the accused person’s life and their ability to prepare their case. Understanding the process and having expert legal representation is critical from the very beginning.

What is Bail?

Bail is a promise, or undertaking, given to a court by a person accused of a crime to appear at their future court dates. If bail is granted, the person is released from custody on the condition that they abide by that promise and any other conditions set by the court.

It is important to remember that bail is not a determination of guilt or innocence. It is a legal mechanism that balances the community’s safety with the presumption of innocence and a person’s right to liberty.

The two-stage bail test

Under the Bail Act 2013, the court follows a structured test to decide whether to grant bail.

1. The “Show Cause” requirement For a list of more serious offences (such as certain violent crimes, drug supply, or serious offences allegedly committed while the person was already on bail), the accused person must first “show cause”. This means the onus is on the accused to demonstrate to the court why their continued detention is not justified. This is a significant legal hurdle that requires careful and persuasive legal argument.

2. The “Unacceptable Risk” test If the person is not required to show cause, or if they have successfully shown cause, the court then moves to the second stage. Here, the court must assess whether there is an “unacceptable risk” that the accused person will, if released:

• Fail to appear at court in the future.

• Commit a serious offence.

• Endanger the safety of alleged victims, individuals, or the community.

• Interfere with witnesses or evidence.

If the court finds an unacceptable risk in any of these areas, it must refuse bail.

Mitigating risk with bail conditions

The key to a successful bail application is often proposing a set of strict bail conditions to the court that will mitigate any perceived risks. An experienced lawyer can help formulate a set of conditions tailored to the specific facts of the case. Common conditions include:

• Residing at a specific address.

• Reporting to a police station on certain days.

• Adhering to a curfew.

• Not contacting the complainant or any witnesses.

• Surrendering a passport.

• Having an acceptable person deposit a sum of money or property as a security (often called a “surety”).

Bail variations

If a person’s circumstances change after being granted bail, it is possible to apply to the court to vary (change) their bail conditions. This might be necessary to accommodate new work hours, change a residential address, or remove a condition that is no longer necessary.

How we can help

A bail application is often an urgent, high-stakes event where you only get one chance to get it right in the Local Court. Having an expert criminal lawyer in your corner from the outset can make all the difference.

At Ridge Legal, we provide immediate and effective representation for bail applications:

• Urgent advice and representation: We can provide advice and appear at police stations or courts, often at very short notice, to represent you or your loved one.

• Strategic case preparation: We will quickly analyse the police allegations and prepare a comprehensive bail application that addresses the “show cause” and “unacceptable risk” tests.

• Formulating bail conditions: We will work with you and your family to develop a set of strong, realistic bail conditions designed to satisfy the court and maximise the chance of release.

• Powerful court advocacy: Our lawyers are skilled advocates who will persuasively argue your case before the Magistrate or Judge.

• Bail variation applications: We can prepare and file applications to vary your bail conditions to accommodate changes in your life.

If you or a family member has been refused bail by police or is in custody, contact Ridge Legal immediately for urgent assistance.

Disclaimer: The content of this article is intended to provide general information only and does not constitute legal advice. You should seek tailored legal advice for your specific circumstances before taking any action.