Bail in New South Wales is governed by the Bail Act 2013 (NSW).

What is Bail?

Bail is an authority granted by a court or authorised officer that allows a person charged with a criminal offence to remain in the community while their matter is before the courts.

If bail is refused, the accused will generally remain in custody until their case is finalised or bail is granted at a later stage.

Bail may be granted with or without conditions. Common bail conditions include reporting to police, residing at a particular address, surrendering a passport, complying with a curfew, or refraining from contacting certain people.

How is Bail Determined?

When considering whether to grant bail, the Court must apply the Bail Act 2013 (NSW).

For many offences, the Court will assess whether there is an unacceptable risk that the accused person 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 otherwise obstruct the course of justice.

For certain serious offences, the accused must first show cause why their continued detention is not justified before the Court considers whether any unacceptable risks can be addressed.

Bail Conditions

Where appropriate, the Court may impose conditions designed to address any identified risks.

Common bail conditions include:

• Reporting to a police station.

• Residing at a specified address.

• Curfew requirements.

• Non-association or non-contact conditions.

• Place restrictions.

• Surrendering a passport.

• Financial security or surety (where appropriate).

Failure to comply with bail conditions may result in bail being revoked and further criminal charges.

Possible Outcomes

Following a bail application, the Court may:

• Grant bail without conditions.

• Grant bail subject to conditions.

• Refuse bail.

• Vary existing bail conditions.

• Revoke bail where conditions have been breached.

Where bail is refused, a further application may be made in certain circumstances permitted by the Bail Act 2013 (NSW).