Bail Application

What is
Bail?

Bail is an agreement that you will attend court after being charged with one or more criminal offences. It allows you to remain in the community rather than being held in custody while your matter proceeds through the court system. Bail may include specific conditions that you are required to comply with.

If you are charged with an offence, police may:

  • Issue you with a Court Attendance Notice without placing you on bail, allowing you to leave freely

  • Release you on bail with or without conditions

  • Refuse to grant you bail

If police refuse to grant bail, they must bring you before the Local Court as soon as possible—typically on the same day or the following day—so that a Court can determine whether you should be released on bail.

If you are released on police bail, you will be provided with several important documents outlining your court date and any bail conditions you must adhere to.

What is
Bail Application?

A bail application is a formal request made to the court for a person to be released from custody while awaiting the outcome of their criminal matter. If bail is refused by police, the individual can apply bail in the Local Court. If the applicant is refused bail in the Local Court then they may apply in the Supreme Court.

When making a bail application, the individual—or their criminal defence lawyer—must present compelling reasons for their release, including any conditions they are willing to comply with and, most importantly, why they do not pose an unacceptable risk. The court’s primary concern is:

  • Failure to appear at any proceedings for the offence, or

  • Commit a serious offence, or

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

  • Interfere with witnesses or evidence.

Bail conditions are imposed to reduce or eliminate any such risk.

Supporting materials such as medical reports, character references, and witness statements can significantly strengthen the application. A person’s prior criminal history also plays a crucial role in the court’s assessment of risk. Engaging an experienced criminal lawyer to prepare a bail application is highly advantageous, as they can anticipate the court’s likely concerns and present persuasive, well-supported arguments. This may include confirming the availability of stable housing, access to treatment for addiction or mental health issues, prospects of employment, or the willingness of a surety to ensure the applicant’s compliance with bail conditions. Proper preparation and strategic presentation of the application are key to maximising the chances of bail being granted.

Comparison between
Local and Supreme Court

In New South Wales, the Local Court deals with the first application of bail, and if denied, then the applicant has the opportunity to apply for bail again in the Supreme court.

The progression from the Local Court to the Supreme Court can be complex and highly dependent on the circumstances of each individual case. We strongly recommend consulting with an experienced criminal defence lawyer to explore the options available and receive specific advice for your situation.

Change of
Bail Conditions

Bail conditions can be changed or amended, particularly where they have become difficult to comply with or overly restrictive. If you are complying with your bail and can demonstrate good behaviour and character, the court may consider an application to vary the conditions. Common reasons for seeking a variation include changes to work hours, relocation, or evolving personal circumstances. For example, if you are subject to a curfew that conflicts with your employment, supporting documentation from your employer will be required to justify the change.

Applications for bail variation can be made in the Local Court, and your defence lawyer will need to complete and file a formal application for variation of bail conditions. This application must be served on both the police and the court, with at least 3 working days.

If you need to change your bail address, this must be done through a formal application outlining your new place of residence, submitted by your lawyer to the court and police. Seeking legal advice is essential to ensure that your application is properly supported and meets the court’s requirements for consideration.

Breach of
Bail Conditions

A breach of bail occurs when an individual fails to comply with the conditions imposed by the court as part of their bail agreement. This can include a range of violations such as failing to appear at court, not reporting to police as required, residing at an unauthorised address, breaching curfew, leaving the jurisdiction without permission, or contacting individuals they have been ordered to avoid. Failing to participate in mandatory treatment programs also constitutes a breach.

Any departure from these conditions is taken seriously and can result in legal consequences. If a breach occurs, the person may be arrested and brought before the court, where a magistrate or judge will review the breach and consider whether to vary, uphold, or revoke bail. The court will examine the reasons for the breach and any mitigating factors before making a decision.

Depending on the severity, the court may choose to maintain the existing bail conditions, impose stricter terms, or in more serious cases, revoke bail altogether—resulting in the accused being remanded in custody.

It is crucial for individuals to fully understand and strictly comply with their bail conditions, as any breach can lead to serious legal repercussions. However, if the breach is minor or the result of an honest mistake—such as forgetting to report on a particular day—an experienced defence lawyer may be able to speak with police and negotiate for no action to be taken or for a formal warning to be issued instead.