What is bail and who decides it? | - Bail is permission to be at liberty for an offence, sometimes with conditions. It can be decided by police, an authorised justice, or a court.
- If police refuse bail, your matter goes to the Local Court (including centralised/weekday and weekend arrangements). Serious refusals can later be taken to the Supreme Court.
| What is the “unacceptable risk” test? | All bail decisions assess bail concerns. Bail must be refused if there is an unacceptable risk that, if released, you will: - Fail to appear in court,
- Commit a serious offence,
- Endanger victims, individuals or the community, or
- Interfere with witnesses or evidence.
The court weighs statutory considerations (e.g., case strength, seriousness, history, ties, vulnerabilities) and may impose conditions to reduce risk. | If bail is refused, what are my options? | - You can make one further application only if a ground exists—e.g., you were unrepresented previously, new information is available, or circumstances have changed (health, housing, delay, new evidence).
- After a police or Local Court refusal, you may apply for Supreme Court bail (a fresh hearing).
- The prosecution can also bring detention applications or appeal bail; we prepare to respond.
| What happens if I breach bail? | Police conduct compliance checks and can arrest for breach. Failing to appear without reasonable excuse is a separate offence with heavy consequences. Always seek advice before changing address or travel. | | Do I have to “show cause”? | Some charges trigger a show cause requirement: you must satisfy the court that detention is not justified before the normal risk test is applied. Examples include: - Life-imprisonment offences;
- Certain child-sex offences by adults;
- Serious personal violence (with prior serious-violence conviction) or serious domestic-violence offences;
- Firearms and military-style weapons offences;
- Commercial-quantity drug offences;
- Serious indictable offences committed while on bail or parole.
| Common bail conditions (what to expect) | Courts tailor conditions to manage risk. Typical orders include: - Residence and curfew; reporting to police; no contact / no-go zones;
- Alcohol/drug abstinence, treatment, or programs;
- Surrender passport / non-association;
- Surety or security (cash or property), with formal paperwork for the Local or Supreme Court;
- Enforcement conditions (to allow compliance checks), used case-by-case.
| Where and when will my bail be heard? | - Weekdays: NSW Bail Division centralises adult bail across the state (AVL used widely).
- Weekends/Public holidays: centralised weekend bail courts sit (Parramatta hub for metro custody via AVL).
- After Local Court refusal: Supreme Court lists urgent bail applications on filing.
| Can I vary bail conditions later? | Yes—by variation application to the court that set them (or to the Supreme Court if it granted your bail). We’ll gather updated material to justify changes. | |
