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Bail Applications in New South Wales

When a person is arrested and charged in New South Wales, one of the first legal issues they may face is whether they will be released from custody or remain in detention until their matter is finalised. This decision is made through a bail application.

What Is Bail?

Bail allows an accused person to remain in the community while their case is being determined. It is not an acquittal or dismissal—it’s a legal promise to attend court and comply with conditions set by the court or police.

How Bail Works in NSW

The law governing bail in New South Wales is the Bail Act 2013 (NSW). It balances two key principles:

Protecting community safety, and
Preserving the right to liberty.

Police can make an initial decision about bail, but if bail is refused, an application can be made to the Local Court.

Bail Conditions

If bail is granted, the accused may be required to comply with conditions such as:

Residing at a specified address
Reporting to police
Surrendering passports
Avoiding contact with certain people
Abstaining from alcohol or drugs

When Bail Can Be Refused

A court may refuse bail if it determines there is an unacceptable risk that the accused may:

Fail to appear in court
Commit a further offence
Endanger the safety of others
Interfere with witnesses or evidence

Making a Bail Application

A lawyer can prepare and present a bail application on behalf of the accused. This includes gathering supporting material such as character references, employment evidence, and proposed bail conditions to demonstrate that any risks can be managed.

Contact Us for Expert Help

At EAS Legal, our NSW criminal defence lawyers have extensive experience preparing and arguing bail applications, including for serious offences. We understand how urgent these matters are and act quickly to protect your liberty.

Call us today on 1800 117 533 or visit www.easlegal.com.au to arrange immediate assistance.