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Bail

Information about applying for bail, bail conditions, and applying to vary bail.

  • This topic covers

    This topic covers

    • Different types of bail
    • Bail requirements
    • Applying for bail​
    • Bail applications
    • Bail variations

    The information in this topic applies to bail granted by the police or the Local Court of NSW.

    The information in this topic does not apply to people under the age of 18 years old who have been charged with a criminal offence.​

Time limitAction
As soon as possibleA bail decision must be made after an accused person is charged.
As soon as possiblePolice must take the accused person to the nearest Local Court for the Court to make a bail decision.
Up to 24 hoursThe Court can delay making a bail decision if the accused is intoxicated.
Eight daysFor police or corrective services to notify the Court if an accused is granted bail but can't meet a bail condition.

Organisation

Organisation

Responsibilities
NSW Police

Can:

  • release you without bail
  • grant you bail, with or without conditions, or
  • refuse you bail.

If police refuse you bail, they must take you before a Local Court as soon as practicable.

Local Court of NSWCan make a decision in a bail application.
Supreme Court of NSW

If the Local Court refuses bail, the accused can apply to the Supreme Court of NSW for bail.

Local, District and Supreme CourtsIf the accused has lodged an appeal of their conviction or their sentence, they can apply for bail to the Court that made the decision they are appealing.

Legislation

AuthorityCovers
Bail Act 2013 (NSW)The laws about bail in NSW
Bail Regulation 2021 (NSW)

Common term

Definition

AccusedThe person who has been charged by the police and​ has an ongoing matter before the courts.
BailThe release of a person from custody after they have been charged​ with a criminal offence, on the condition that they return to court on a certain date. Other conditions may also be included, such as regular reporting to a police station or payment of money. 
Bail applicationAn application that you be granted bail and released from custody.
Bail authorityThe person making the bail decision. It may include:
  • a Police Officer
  • a Registrar of the Local Court
  • a Magistrate of the Local Court
  • a Judge in the District or Supreme Court.
Bail concernsBefore making a decision about bail, the police or the Court must assess any bail concerns. A bail concern is a concern that you, if released from custody, will:
  • not attend court when required
  • commit a serious offence
  • endanger the safety of the alleged victim or the community, or
  • interfere with the witnesses or with evidence.
Bail guarantorAny person who offers security to the police or the Court on behalf of the accused.
Bail moneyMoney offered to the police or the Court that will be forfeited if the accused breaches bail.
Bail securitySecurity, such as a home, offered instead of cash for bail money.
Bail security acknowledgementThe agreement entered into when bail security is offered to the police or the Court. This may be by the accused or someone else.
Breach of bailWhen you don't follow all of your bail conditions.
Detention applicationWhen the Prosecutor makes an application to the Court to revoke (cancel) your bail. This means you will have to go to gaol until your case is finished.
Dispense with bailIf the Court dispenses with bail, you are no longer on bail or required to follow bail conditions.
Fail to appearWhen you don't attend court when required. If is an offence to fail to appear in court when required if you are on bail.
Release applicationWhen you make an application to be granted bail and released from custody.
Release without bailIf you are released without bail, you are released from custody without any conditions.
​Review of Bail Application (bail variation)​An application requesting that the accused's bail conditions be varied. A review of bail application can be made by an interested party, including:
  • the accused
  • the victim in domestic violence matters
  • the prosecution
  • the Attorney General.

Show cause offence

Show cause offences are serious offences and include:
  • offences with a maximum penalty of life imprisonment
  • offences involving sexual assault or physical harm to a child by an adult
  • serious personal violence offences or an offence involving serious harm where the accused has previously been convicted of a serious personal violence offence
  • serious domestic violence offences, such as strangulation, sexual assault or causing grievous bodily harm with intent
  • abusive behaviour towards current or former intimate partners, such as coercive control offence
  • offences punishable by five years imprisonment or more involving the use, possession or supply of firearms or military-style weapons
  • certain offences involving the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug, prohibited plant or serious drug
  • offences punishable by five years imprisonment or more while you are on bail or parole
  • certain offences committed by you while you are on a supervision order, or the offence of failing to comply with a supervision order
  • any serious indictable offence committed by you while you are under an arrest warrant
  • offences punishable by five years imprisonment or more for attempting or assisting someone else to commit of any of the above offences.

Unacceptable risk

Bail must be refused if the police or the Court decide there is an unacceptable risk that the accused will:
  • not attend court when required
  • commit a serious offence
  • endanger the safety of the alleged victim or the community, or
  • interfere with the witnesses or with evidence

OrganisationFee
NSW CourtsThere are no fees to make a bail application, or to apply to vary bail.

OrganisationForms
Local Court of NSWBail forms
  • Release Application/Grant of Bail
  • Review Application (Application for Court to review bail)
  • Review Application (For conditions reviewable by authorised justice).
Woman working on computer

Frequently Asked Questions

Frequently Asked Questions about bail.

Go to questions

Our services

Prisoners Legal Service

Prisoners Legal Service (PLS) is a statewide specialist service of Legal Aid NSW.

Youth Hotline

The Youth Hotline provides advice and information to young people under 18. It operates 9am to midnight weekdays, and 24-hours Friday 9am to Sunday midnight and public holidays.

More services

Aboriginal Legal Service

The Aboriginal Legal Service (ALS) can help Aboriginal and Torres Strait Islander people across NSW and the ACT.

Community Legal Centres NSW

Community legal centres give free and confidential legal help to people in need.

Solicitor Referral Service

If you need help and are looking for a lawyer, the Law Society of NSW Solicitor Referral Service (SRS) can provide you with a referral.

Last updated: September 2024