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Bail in New South Wales (NSW)

Bail allows a person who has been charged with a criminal offence to remain in the community while their case is decided by the court. When bail is granted, the accused person agrees to attend court on the required dates and to follow any conditions imposed by the court or police.

 If bail is refused, the person is held in custody until their matter is finalised or until a further bail or release application is successful.

If you have been charged with a crime and you would like assistance to understand your options, Tyson Brown is a NSW Law Society registered criminal lawyer, with a decade of experience acting for people charged with criminal and/or traffic offences. 

Call 0420 961 953‬ for personalised advice and service. 

Contact Tyson Legal

Bail Information

Who Decides Bail?

Bail decisions can be made by:

  • Police – at the police station when a person is charged, usually the Custody Sergeant or an officer of a more senior rank.
  • Local Court Magistrate – if police refuse bail, the person will appear before a magistrate, usually the next day.
  • District or Supreme Court – if bail is refused by the Local Court, a further application can be made to a higher court.
Show Cause Bail Applications

For some serious offences, the law requires the accused to “show cause” — that is, to demonstrate to the court why detention is not justified.


Under section 16B of the Bail Act 2013 (NSW), “show cause” offences include (but are not limited to):

  • Certain drug supply or importation offences.
  • Serious firearms offences.
  • Serious violence or sexual offences.
  • Offences committed while already on bail or parole.

In these cases, the accused must first show cause before the court will consider the normal bail concerns test.

Examples of reasons that might satisfy the “show cause” requirement include:

  • Strong prospects of successfully defending the charge(s) or weak prosecution evidence.
  • Delay in the matter being heard.
  • Need to care for dependants.
  • Health issues that cannot be adequately managed in custody.

If the court is satisfied that cause has been shown, it will then assess bail concerns as in any other application.

Release Applications

A release application is a formal request made to the court to be released from custody, usually after bail has been refused by police or a previous court.
There are two main types:

  1. Initial Release Application, usually heard in the Local Court after police have refused bail.
  2. Subsequent Release Application,  made after bail has previously been refused. Under the Bail Act, a person cannot make repeat bail applications unless:
    • There has been a change in circumstances,
    • New information has become available, or
    • They are under 18 years old and it is in the interests of justice to reconsider.

Release applications are heard as soon as practicable, and legal representation is highly recommended.

Common Bail Conditions

If bail is granted, the court can impose conditions to manage risks, such as:

  • Regular reporting to police.
  • Residing at a specified address.
  • Curfew requirements.
  • No-contact orders with alleged victims or co-accused.
  • Surrendering passports or firearms.
  • Surety or security – someone guarantees money or property to ensure the person complies with bail.

Failing to comply with bail conditions can result in arrest and bail being revoked.

Bail Reviews and Appeals

If bail is refused:

  • You can reapply if circumstances change.
  • You can make a release application to a higher court, such as the Supreme Court.
  • Legal representation is essential for preparing evidence and submissions.

Getting Legal Help and help with bail

If you or someone you know is in custody and needs help with a bail, release, or show cause application, contact Tyson Legal immediately. For Urgent Matters Bail applications can be made after hours (sometimes with police Custody Sergeants), on weekends, or public holidays in certain Bail Courts.