Bail

What is bail?

Bail is an agreement that the accused will attend court if they have been charged with one or more offences. This agreement means that the accused will not be held in custody while the matter is in court. It may have one or more conditions that the accused must comply with.

For more information, see Bail on the My problem is about section of our website.

How do I know if I am on bail?

If you were charged with a criminal offence, and then released on bail by the police or the Court, you wo​uld have signed a bail acknowledgement before you were allowed to go. You may have been told about certain conditions you have to follow until your court case is completed.

If you are not sure if you are on bail, you should get legal advice.

What is a bail acknowledgment?

A bail acknowledgement is a form that you must sign before being released from custody. It must include:

• the name of the Court, the time and the date you must attend for your next court appearance
• a warning that you must notify the Court of a change in your residential address.

By signing the bail acknowledgment, you are agreeing that you know the details of your next court appearance and your obligation to tell the Court if you move house. You can't be released until the bail acknowledgment is signed.

 The bail acknowledgment must also:

• include any conditions you must follow while on bail
• include a warning that if you commit an offence while on bail, the court may impose a more severe penalty
• tell you the consequences if you don't follow your bail conditions, and
  
• provide information about how to change your bail conditions.
  

For more information, see Bail on the My problem is about section of our website.

Will I get bail?

You may get bail, depending on whether:

• you have been charged with a show cause offence, and
• there is an unacceptable risk of you doing certain things if you are released from custody
• you have pleaded guilty or been found guilty of an offence where you will be sent to prison.

If you have been charged with a show cause offence, you must prove to the police or the Court why your detention is not justified. If you can prove this, the police or the Court will then assess if there are any bail concerns.

If you have not been charged with a show cause offence, the police or the Court will only need to assess if there are any bail concerns, unless you have pleaded guilty or been found guilty by a court and you will be sentenced to a gaol sentence.

In other cases, you do not need to prove to the police or the Court that your detention is not justified. If the police or the Court doesn’t have any bail concerns, or they think these concerns can be addressed by imposing bail conditions, they must give you bail.

If you have been charged with a terrorism offence, you must prove there are exceptional circumstances which justify your release. You should get legal advice. 

For more information, see Bail on the My problem is about section of our website.

I have been charged with a terrorism offence. Will I get bail?

You will be refused bail if you are charged with one of the following offences unless you can prove there are exceptional circumstances:

• being a member of a terrorist organisation
• making statements or carrying out activities supporting terrorism
• having any associations with a person or group supporting terrorism, or
• an offence which carries a custodial sentence and you have previously been convicted of or have an outstanding court case for a terrorism related offence.

If you can prove exceptional circumstances, the police or the Court will then assess if there are any bail concerns.

What is a bail concern?

A bail concern is a concern that, if you are released from custody, you will:

• not attend court when required
• commit a serious offence
• endanger the safety of the alleged victim, other individuals or the community, or
• interfere with witnesses or evidence.

If the police or the Court decides there is not an unacceptable risk of you doing any of these things, they must:

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

Can bail be refused?

The police or the Court must refuse you bail if you have been charged with a show cause offence and you can't prove to the police or the Court why your detention is not justified.

The police or the Court must also refuse you bail if there is an unacceptable risk that you will:

• not attend court when required
• commit a serious offence
• endanger the safety of the alleged victim or the community, or
• will interfere with witnesses or evidence.

If the police refuse you bail, you must be taken to a Local Court as soon as possible.

If you have been charged with a terrorism offence, bail will be refused unless you can prove there are exceptional circumstances which justify your release. You should get legal advice. 

What is a show cause offence?

Show cause offences 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 you have 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
• where you commit serious offences while you are on a supervision order, or the offence of failing to comply with a supervision order
• where you commit any serious indictable offence while you are under an arrest​ warrant​
• offences punishable by five years imprisonment or more for attempting or assisting the commission of any of the above offences.

If you have been charged with a show cause offence, the police or the Court must not grant bail unless you show cause (prove) why your detention is not justified.

If you have been charged with a show cause offence, you should get legal advice.

What are bail conditions?

Bail conditions are things you must do (or not do) to address any bail concerns identified by the police or the Court. The bail conditions should be listed on the bail acknowledgment that you signed and should have been explained to you by the police or the Court.

If you don't follow your bail conditions, the police can apply to have your bail cancelled and a warrant could be issued for your arrest.

What types of bail conditions are there?

Bail conditions are known as bail requirements. They can include:

• a conduct requirement
• a security requir​ement
• a character acknowledgment
• an accommodation requirement.
  

Some conditions must be met before you are released. This is called a pre-release requirement.

For more information, see A guide to bail on the Ways to get help section of our website.

What is a conduct requirement?

A conduct requirement may:

• require you to complete a particular action while on bail, or
  
• limit you from doing something.

For example, a conduct requirement may require you to live at a particular address or stop you from entering a particular town or suburb.

What is an accommodation requirement?

An accommodation requirement only applies to children (under the age of 18) who have been charged with a criminal offence. It is where the police or the Court requires that you have suitable accommodation to live at once you are released on bail. This may include a requirement that you be admitted to a residential rehabilitation facility for treatment. 

Sometimes you will not be released until suitable accommodation has been found. If the Court requires the accommodation to be arranged before you are released, the case must be listed in the Children's Court every two days to check whether suitable accommodation has been found.

What is a pre-release requirement?

A pre-release requirement is where something must be done before you are released. One example may be where a security requirement is to be lodged. Until the money is received by the police or the Court, you will remain in custody.

If you are unable to meet the pre-release requirement, the Court must be notified within eight days.

What is a character acknowledgment?

A character acknowledgment is when someone who knows you tells the police or the Court that they believe you will attend court and follow your bail conditions. The person providing the acknowledgment must be considered an acceptable person by the police or the Court before the character acknowledgment is accepted. 

What is police bail?

Police bail is when the police grant bail and release you from custody. You must sign a bail acknowledgment before you will be released, and it will show any conditions that the police have imposed.

If you have any questions regarding the conditions or if you need to change your bail conditions, you should get legal advice.

What happens if police refuse me bail?

While at the police station, you can request that a Senior Police Officer to review a decision to:

• refuse you bail, or
• grant you bail, but only where there is a pre-release requirement that you can't meet.

If the senior officer does not grant you bail, the police must take you as soon as possible to a Local Court. If the nearest Local Court is closed or it is a weekend you may be held in custody until the Court re-opens or you may appear via Audio Visual Link (AVL) before a court that is open on weekends. You may also appear via AVL if you are unable to attend court in person.

When at court you can make a release application. You should speak to the Duty Solicitor who can provide advice, and in some cases, represent you at court.

The Senior Police Officer will not complete the review if it will delay you from appearing before a court.     

​What is court bail?

This is when you are granted bail by a court. The bail acknowledgment will have been signed at the Court and it will show any conditions that must be complied with.

Who can help me with my bail application at court?

You will be in custody when making a bail application (called a release application) and you should tell either the police or corrective services that you wish to speak to the Duty Solicitor. The Duty Solicitor should provide you with some advice, and in some cases, may represent you in your bail application. You may need to complete a Release ​Application​.

If you want to apply or have applied for bail in the Supreme Court, you should get legal advice.

If the Local Court refuses me bail, can I appeal or make another application?

If the Local Court refuses you bail you can't appeal the decision. The Local Court can only hear a second release application if:

• you were not legally represented in the first application and you now are
• information relevant to the granting of bail was not given to the Local Court in the first release application
• circumstances relevant to the bail decision have changed since bail was refused, or
• you were under 18 at the time of the alleged offence and the first application was made on the first court date.

If your first release application was refused and none of the above circumstances apply, you can't make a second release application in the Local Court. However, you may be able to make a release application in the Supreme Court. 

If you want to apply or have applied for bail in the Supreme Court, you should get legal advice.

Can the Court give me bail if I plead guilty?

If you plead guilty, the Court may give you bail in some circumstances.

If you plead guilty or are found guilty and will be sentenced to full time imprisonment, the Court must refuse bail unless there are special or exceptional circumstances.

What if the police grant​​ me bail but I can't meet one of the conditions?

If you can't meet one of the pre-release requirements imposed by police, you can ask for a review from a Senior Police Officer whilst you are still in police custody. The Senior Police Officer may:

• agree with the original bail condition, or
• vary the bail condition.

A Senior Police Officer may not review the decision if the review would delay the police taking you to court.

If you have left the police station, you will need to make a review application at the Local Court if you want your bail conditions changed.  

What if the Court grants me b​​ail but I can't meet one of the conditions?

Some bail conditions must be met before you can be released. These are known as pre-release requirements. If you are unable to meet a pre-release requirement, the Court must be advised no later than eight days after you go back into custody. The Court will then consider varying the conditions.

If you have been released and you are having trouble meeting a bail condition, you can apply to the Court for a review of your bail conditions. Before you make a review application, you should get legal advice.

One of my bail conditions is t​hat I do not drink alcohol. The police keep asking me to undertake a breath test. Can they do that?

The Court may have imposed specific police directions with your bail. These are known as enforcement conditions and can only be put in place by the Court.

Enforcement conditions are conditions that you must follow in addition to any conduct requirements. This means that police may be able to direct you to be breath tested to make sure you do not drink alcohol.

I have a bail condition that I must obey a curfew. The police keep coming to my home to check that I am complying with the curfew. Can they do that?

The Court may have imposed specific police directions with your bail. These are known as enforcement conditions and can only be put in place by the Court.

Enforcement conditions are conditions that you must follow in addition to any conduct requirements.

If the Court imposed an enforcement condition, this means that police can visit your home at any time day or night, to make sure that you are complying with the curfew.

For more information, see A guide to bail on the Ways to get help section of our website.

What is an accompaniment requirement?

An accompaniment requirement is a bail condition that could be imposed if you are granted bail. It means that you can’t leave custody unless you are accompanied by a specific person (or type of person).

What if I breach my ba​​il conditions?

What will happen if you breach your bail conditions depends on a number of factors such as the seriousness of the breach, your criminal history and other issues.

If you breach your bail conditions, the police may:

• decide to take no action
  
• issue you with a warning
  
• issue you with a notice to appear before court
• issue you with a Court Attendance Notice (CAN)
• arrest you, or
• apply for a warrant for your arrest.
  

If you think you have or are going to breach your bail, you should get legal advice.

​Can I travel overseas if I a​m on bail?

Sometimes there is a bail condition that you can't travel overseas, you must hand in your passport, or you can't approach airports or seaports. If none of these conditions are on your bail acknowledgment you may be able to travel overseas.

If your bail conditions do not prevent you from travelling overseas, it is important to remember that you must appear at court on the date and time written on your Court Attendance Notice or the date the police or the Court told you that your matter will be in court. You must also follow all your bail conditions.

Before booking tickets and/or travelling overseas, you should get legal advice.

If I am granted bail, can the poli​​ce appeal the decision?

The police can make a detention application. This is where they ask the Court to withdraw your bail. A court can't hear a detention application unless you have been given reasonable notice of the court date.

If you have been told that a detention application has been made, you should get legal advice.

Can bail be withdrawn (r​evoked)?

Bail can be withdrawn (revoked) when:

• the prosecution has made a successful detention application asking that your bail be revoked
  
• you have breached your bail conditions, or
  
• the security offered on your behalf has been withdrawn
• you have been found guilty of an offence and will get a gaol sentence.

Do I have to be told the prosecution has made a detention application?

The Court must not hear a detention application unless you been given reasonable notice. If you have been told that a detention application has been made, you should get legal advice.     

What will happen if I miss a co​​urt date?

It may be an offence to not attend court while on bail and you can be charged for failing to appear in court. The Court may also issue a warrant for your arrest. It is not an offence to not attend if the Court has excused you from appearing.

If you think you may miss a court date, or you have already failed to appear, you should get legal advice.

What is a security requirement?

A security requirement is a bail condition requiring you or another person to provide money or security as a guarantee that you will attend court. It is also referred to as bail money, or bail security.

If bail security is accepted by the Court, a number of documents will need to be filed at the Court. You may need to file:

• the certificate of title for the property
• a recent valuation of the property prepared by a licensed valuer
• an up to date title search from Land and Property Information
• a letter from your lender stating how much you have owing on your home loan.

If you are thinking of providing security to help someone get bail, you should get legal advice.

Sometimes the security requirement is only paid if the accused fails to appear at court when required, and other times it will need to be paid before the accused is released.

Can I put up my house (or other possession) as security for the accused?

Anyone can offer bail security for the accused, however, the Court must consider whether you are a suitable person. You will need to fill out an Application to be Acceptable Person - Security Agreement.

You may need to provide evidence of your identity and address.

You must be able to prove that your house is an acceptable security. This means you have to prove the value of your house and that the value is the same (or more) than the amount the court has set for bail.

If you own the house with one or more other people, they will also need to consent to the house being offered as security and will also need to be considered a suitable person by the court.

For a copy of the form, see Forms on the Local Court website. 

I paid money for someone's bail but I do not want to be their security anymore. What can I do?

You can apply to the Court at any time to have your bail money or bail security removed from the bail conditions. This is known as discharging your liability. When you apply to discharge your liability, the Court will:

• issue a warrant for the accused's arrest, or
• issue a summons for the accused to appear before the Court on a certain date.

Once the accused appears at court the Court must discharge your liability, unless it is unjust to do so.

I provided bail money for a friend and their court case has now ended. How do I get my money back?

You should contact the Court where your friend's court case was dealt with and request a bail refund letter. This letter confirms the court case has been finished and your friend appeared as required.

You will then need to send a copy of the bail refund letter to the Supreme Court. If you wish to pick up your cheque from your Local Court, you will also need to include the details of the Court with your letter.

You can then collect your money from the Supreme Court (Bails Matters Counter) or the Court nominated in your letter. Before you are given the cheque, you will need to provide the Court with:

• the original bail refund letter, and
• two forms of identification.

It will usually take seven to ten days for the Court to have your cheque available. You can only get your money back in the form of a cheque, even if you paid the money in cash.

How can I get my bail conditions changed?

If you want to change your bail conditions, you will need to make a Review of bail application. To do this, you will need to complete an application form and file it at the Local Court.

When you make the application, the matter is unlikely to be heard straight away. The Prosecutor must be given reasonable notice of the application, this is usually 3 business days. The Court will normally send a copy to the Prosecutor on your behalf, or tell you that you must give a copy to the police.

Sometimes, if you are already at court for your matter and you want to change your bail conditions, you might be able to make your application verbally. It is up to the Court whether they will hear your application on the spot or not.

You can also get someo of your bail conditiosn changed by the Registrar at the Court registry, if the prosecution agrees to the changes. This means the changes can be made on the spot if you attend the Registry with:

• your application to vary your bail. The form is called Review Application (For conditions reviewable by authorised justice) and can be found on the Forms page of the Local Court website.
• a copy of your current bail conditions
• written agreement from the prosecutor that they agree to the changes, for example, an email from the officer in charge
• written agreement to the changes by any person who is surety for you (if there is a surety).

Only the following bail conditions can be changed at a Local Court Registry:

• the days or times that you must report to a police station
• the police station you must report to
• to get rid of a condition that you have to report to police
• a change in your address
• to change an order about who you can associate with
• to change an order about a curfew.

Before making an application to vary your bail conditions, you should get legal advice.

What if I have to reside at an address but I can no longer stay there?

If your bail conditions require you to reside (live) at an address that you can no longer stay at, you could be in breach of your bail. You can make a variation application asking that the address you reside at be changed. To do this, you will need to complete an application form and file it at the Local Court.

You can complete either of the following Forms from the Local Court website:

• Review Application (Application for Court to review bail)
• Review Application (For conditions reviewable by authorised justice)
  

Only some bail conditions can be changed by an authorised justice. For more information, see FAQ How can I get my bail conditions changed?

Before making an application, you should get legal advice.

If you have already left the address on your bail conditions, you should get urgent legal advice.

Can any court review my bail conditions?

This depends on which Court your matter is in (the Local, District or Supreme Court) and who granted you bail (police, the Local, District or Supreme Court).

If your matter is in the Local Court, any Local Court can vary your bail. However, the prosecution might object to your bail being changed at a different courthouse to the one where your case is listed. It is a good idea to check that the prosecutor agrees if you want to lodge a Review of Bail Application form at a different courthouse. This is especially important if your matter is being prosecuted by anyone other than the police, for example, the Director of Public Prosecutions (DPP).

If your matter is currently in the District Court, Review of Bail Applications should usually be made in the District Court, even if you were granted bail by the police or the Local or Supreme Court. The Local Court can’t usually review your bail, except in some circumstances, for example if you and the prosecutor both agree for the application to be heard by the Local Court. Usually the best place to make a bail variation is the same District courthouse where your matter is being heard, but if there is a good reason you may be able to make an application to vary your bail at another District Court location.

If you were granted bail by the Supreme Court, the Local Court and District Court can still hear an application to review your bail conditions just as if you were granted bail by police, or the Local Court or the District Court (unless the Supreme Court directs that your bail must not be varied).

If you want to vary your bail and are unsure which court you should make the application to, you should get legal advice.