Where a person is refused bail by the police, a person is to be brought before the court as soon reasonably possible. When brought before the court, you have the choice to make an application for bail. If granted, you will be released once all conditions imposed have been met – in most cases, within a few hours. 

The Bail Act 2013 is the legislation that governs bail in NSW. Ordinarily, a person should be granted bail by the court unless there is an unacceptable risk that they will:

1. Fail to appear in court;

2. Commit further offences;

3. Endanger the safety of another person; or

4. Interfere with witnesses and evidence.

The above 4 unacceptable risks are outlined in section 17 of the Act.

In assessing the bail concerns, the court considers numerous matters such as the nature and seriousness of the offence, the strength of the prosecution case, any history of violence or failure to comply with conditions, the length of time in custody if bail refused, a need to be free to prepare for court and obtain legal advice and more.

On a bail application, a defence lawyer will propose conditions to the court in order to mitigate any identified risk.

What conditions can be imposed to reduce ant unacceptable risks?

There is no exhaustive list of conditions, however some examples include:

1. > Living at a particular residence;

2. > Reporting to police on one or more days of the week;

3. > Forfeiting a passport;

4. > Money (surety) paid to the court until the matter finalises;

5. > Have a responsible person to ensure compliance;

6. > Imposition of a curfew;

7. > Abstain from alcohol or drugs.