Bail in the state of
new south wales (NSW)

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King & York Lawyers is a leading criminal law firm in Sydney and has successfully applied for bail for clients on numerous occasions in many complex and high profile cases.

If you have charged with a criminal offence and are kept in custody by the police, you have the right to make a bail application before a Magistrate as soon as practicable. This may be the same day of the arrest, or it may be the following day depending on the circumstances.

Applying for bail is extremely important because criminal matters can often take several months or even years to finalise. Our expert criminal defence lawyers have a strong track record of securing bail for our clients. We appear in bail applications in all courts throughout NSW – from the Local Courts including Parramatta Bails Court on the weekend, through to the Supreme Court of NSW and the NSW Court of Criminal Appeal.

What factors the court will assess when considering bail

When considering whether an accused person should be granted bail, the Court must assess any “bail concerns”. A bail concern is a concern that, if released from custody, you will:

In assessing the above risk factors, the court must also consider matters outlined in section 18(1) of the Bail Act including (but not limited to):

Show cause offences

The Bail Act has undergone various amendments since its commencement in 2014. The most significant amendment to the Act saw the implementation of the “show cause” provision as a further hurdle for people who have been charged with serious offences.

Such offences include but are not limited to the following:

If the offence you have been charged with is a show cause offence, then bail must be refused unless the accused person can show cause why detention is not justified.

The Act does not state what should be established to make the above justification. However, some of the factors that may be considered include:

Bail Act NSW

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