What Is a Bail Application in NSW?
A bail application is an application made to the court for an accused person to be released (subject to conditions) whilst awaiting court proceedings. The court’s main concern will be any risks associated with releasing an accused person, as well as the likelihood of reoffending or fleeing. There are a multitude of factors for the court to consider, including a person’s criminal history, the seriousness of the allegation or charge, whether there is a history of non-compliance with court orders, their need to be at liberty and any proposed conditions.
Why you should choose Elite Defence Lawyers?
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We understand that our clients may need the assistance of a lawyer at any time. We provide 24/7 assistance for our clients that include quick bail applications, instant legal advice on court proceedings and more. We provide around the clock assistance via phone or email
With experience in the Criminal Defence Law we understand all possible outcomes for our clients. With this we’re able to create and develop strategies to achieve what we feel is best for our clients
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Types of Bail Applications We Handle
Elite Defence Lawyers assists with all types of bail applications — from minor offences to complex, high-risk or Supreme Court matters. Our team provides expert guidance through every stage, preparing persuasive submissions and addressing any police or prosecution objections. Whether you’ve been charged with a summary or indictable offence, our bail application lawyers can act quickly to secure your release.
Local Court Bail Applications
Most first-time applications are made in the Local Court. This will be after the police refuse an accused person bail, and put them before the court for the Magistrate to consider bail. It is important to remember that bail can be refused even for relatively minor offences if it involves repeated breaches of court orders or there is a lengthy criminal history. It is important that applications are well prepared at this stage, as this is often the first opportunity to regain freedom and not face delays before your application can be brought before the court to be heard again
Supreme Court Bail Applications
If you are refused bail in the Local Court, you can make a further application for release in the Supreme Court. Bail applications in the Supreme Court are of a higher complexity, and there is a need for detailed preparation. There is a requirement for materials relied upon, such as affidavits, letters, and medical evidence to be filed prior, as well as submissions in support of the application.
The process commences with the preparation of the application, the filing of the application, materials and submissions before the matter is set for the first ‘mention date’. This is a procedural court date in which it’s confirmed that all materials have been filed, with a timeline set for the filing of any further submissions and materials. The matter will also be set down for hearing at a later date in the future.
Urgent Bail Applications
If someone is arrested and bail is refused by the police, there is an obligation to put the accused person before the court as soon as practicable for the Magistrate to then determine whether they should be granted bail. Practically, this means an application is likely to be heard on the same day or the next day after the accused was arrested. Whilst courts hear matters from Monday or Friday, they also hear bail applications on weekends when people are arrested on Friday night and over the weekend.
There are often urgent reasons for someone to be released on bail, including physical health concerns, mental health concerns, and risks to their dependents and employment. This means there is a need for a fast and strategic legal response.
Show Cause Bail Applications
Specific offences attract an extra test for release applications referred to as the ‘show cause’ test. Examples of show cause offences include those which carry life imprisonment, sexual intercourse with a person under 16 years of age, any serious indictable offence involving a weapon, supply or cultivating a commercial quantity of drugs, and if you are on bail or parole and are alleged to have committed a further serious indictable offence.
It provides that a bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why their detention is not justified.
The ‘show cause’ requirement does not require there to be something ‘special or exceptional’, and it may be shown through a culmination of different factors. Examples of where cause has been shown include where any sentence imposed would be unlikely to attract a custodial penalty, the length of time likely to be spent in custody awaiting the matter’s finalisation, issues with the prosecution’s case, and where there is a lack of appropriate treatment in custody.
Strong evidence and submissions to overcome this burden are integral.
Bail Variation Applications
Bail variation applications refer to where bail is granted, and then a further application is made to change the conditions. In this process, an application is filed with the court, highlighting the change sought and the grounds of the application. Common examples include changing your address, changing your curfew hours, or the frequency of reporting obligations (i.e., every day per week to three days a week). It is important to note that the court requires a clear and justifiable reason for a variation, and it cannot be sought purely out of convenience.
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What Courts Consider in a Bail Application
In determining bail, the court will consider whether the accused person poses an ‘unacceptable risk’. This involves demonstrating that there is no unacceptable risk that cannot be mitigated by the imposition of bail conditions. Whether there is an unacceptable risk involves an assessment of bail concerns. Bail concerns referred to concerns that an accused person may fail to appear at any proceedings for the offence, commit a serious offence, endanger the safety of victims, individuals, or the community, or interfere with witnesses or evidence.
However, where an offence is more serious, it will also involve the ‘show cause’ test. This becomes the first step before the court considers the ‘unacceptable risk’ test. If an offence is ‘show cause’, it adds an extra hurdle or test to being granted bail. It provides that a bail authority making a bail decision for a show cause offence must refuse bail unless the accused person shows cause why their detention is not justified.
The ‘show cause’ requirement does not require there to be something ‘special or exceptional’, and it may be shown through a culmination of different factors. If the accused person shows cause, the application will then proceed to the ‘unacceptable risk test’.
Examples of show cause offences include those which carry life imprisonment, sexual intercourse with a person under 16 years of age, any serious indictable offence involving a weapon, supply or cultivating a commercial quantity of drugs, and if you are on bail or parole and are alleged to have committed a further serious indictable offence.
The court will consider a multitude of factors, including the strength of the prosecution’s case, the accused’s criminal history, whether they have a history of non-compliance with court orders, whether they have strong community ties, and whether they pose a flight risk. Strong submissions and evidence, such as letters or affidavits from family and rehabilitation centres, improve chances.
Bail Conditions and What to Expect
There are numerous types of bail conditions that the court can impose. Examples include having to:
abide by a curfew (i.e., can’t leave your house between 8pm and 6am),
reporting to a local police station (i.e., can be every day, or specified days during the week),
deposit or promise to deposit a sum of money if the conditions are breached,
stay at a particular residence,
participate in treatment or rehabilitation programs,
not contact or approach prosecution witnesses.
Strict and tailored conditions may make bail more likely to be granted. It is important that any proposals are crafted by an experienced lawyer prior to the bail application process at court.
What Happens If Bail Is Refused?
There is generally only ‘one shot’ at bail in the Local Court. This is due to the legislation, which prescribes that if a court refuses bail, it should refuse to hear another release application, unless there are grounds.
Grounds include if you can satisfy that there is further material information that wasn’t presented in the previous application, or a change of circumstances relevant to the grant of bail. For example, this could include a change in a proposed address, enrolment in a residential rehabilitation program, or a surety being offered. There is also the opportunity to apply for bail in the Supreme Court, where bail is refused in the Local Court. This is a longer process and involves numerous steps in terms of the filing of materials and submissions, before the matter can proceed to a hearing date.
Why Choose Elite Defence Lawyers for Your Bail Application?
When your freedom is on the line, you need experienced lawyers who act fast. At Elite Defence Lawyers, we handle urgent and complex bail applications across Greater Sydney and throughout NSW. Our team has extensive experience in Local, District and Supreme Court bail matters and understands how to build a strong, persuasive case for release. We offer fixed fees, clear communication, and a rapid turnaround, ensuring no time is wasted. Whether your matter involves strict conditions or previous bail refusals, our bail application lawyers prepare every case strategically to maximise your chance of success.
If you or someone you know needs help with an urgent bail application in NSW, contact us immediately for assitance.
