02 9159 9010
Refused Bail in NSW?
If you or someone you know has been arrested and refused bail, immediate legal representation can make the difference between spending weeks or months in custody and being released back into the community while your case is dealt with.
At Blackridge Law, we provide urgent bail application services 24/7 at courts across Sydney and NSW. Our bail application lawyers in Sydney have extensive experience in bail applications for all offences, including show cause matters, serious drug offences, violent offences, and sexual offences.
Call our bail application attorneys in Sydney 02 9159 9010 immediately if you need a bail application.
How Bail Works in NSW
Bail in NSW is governed by the Bail Act 2013 (NSW). When a person is arrested and charged with an offence, a bail authority (either police or a court) must decide whether to release them on bail, grant bail with conditions, or refuse bail. The decision is based on two key tests:
The Show Cause Test
For serious offences classified as “show cause” offences under section 16B of the Bail Act, bail must be refused unless the accused can show cause why their detention is not justified (section 16A). This is a reverse onus — the burden falls on the accused. Show cause offences include offences punishable by life imprisonment (such as murder and large commercial drug supply), serious sexual offences against children, terrorism offences, certain serious domestic violence offences, and offences committed while on bail or on parole.
The Unacceptable Risk Test
For all offences (including show cause offences where the accused has shown cause), the bail authority must assess whether there is an “unacceptable risk” that the accused will, if released, fail to appear at court, commit a serious offence, endanger the safety of victims or the community, or interfere with witnesses or evidence (section 17). If the risk can be managed through bail conditions, bail should be granted with those conditions. If the risk is unacceptable and cannot be managed, bail must be refused (section 19).
Factors the Court Considers
Under section 18 of the Bail Act, the court must consider a range of factors when assessing bail concerns, including:
- The nature and seriousness of the offence
- The accused’s criminal history and any history of violence
- The strength of the prosecution case
- Whether the accused has previously failed to appear or breached bail conditions
- The accused’s community ties, employment, and residential stability
- Whether the accused is likely to commit a serious offence while on bail
- The length of time the accused is likely to spend in custody awaiting trial
- Any special vulnerability of the accused (age, health, mental health)
Common Bail Conditions
- Reporting: Reporting to a specified police station at set times
- Residence: Living at a specified address
- Curfew: Being at home between specified hours
- No Contact: Not contacting specified persons (such as the alleged victim or co-accused)
- Exclusion Zones: Not entering specified areas or premises
- Surrender Passport: Handing in travel documents
- Security/Surety: Depositing money or having a person guarantee attendance
- Electronic Monitoring: Wearing an ankle bracelet in serious matters
What Happens If Bail Is Refused?
If bail is refused, you will be remanded in custody until your next court date. However, a bail refusal is not final. You can make a further release application to the same court if there are new grounds, such as new information, changed circumstances, or if you were unrepresented at the first application (section 74). You can also apply for bail in a higher court — the District Court or the Supreme Court — if the Local Court has refused bail. You can trust our court appearance lawyers for bail in NSW for emergency bail application services.
Supreme Court Bail Applications
For the most serious offences, or where the Local Court or District Court has refused bail, an application can be made to the Supreme Court. Supreme Court bail applications are governed by specific Practice Notes and require well-prepared written submissions and supporting evidence. Our lawyers have experience in preparing and presenting Supreme Court bail applications.
How We Can Help As
Your Emergency Bail Lawyers in Sydney?
- Urgent 24/7 Bail Service: We are available around the clock for urgent bail applications, including after-hours and weekend matters
- Police Bail Representations: We engage with police before charges are laid to advocate for bail at the police station level
- Local Court Bail Applications: We prepare and present bail applications at Local Courts across Sydney and NSW
- District Court and Supreme Court Applications: We handle escalated bail applications in higher courts
- Bail Variations: We assist clients who need to vary bail conditions (such as changing a curfew, reporting requirements, or contact restrictions)
- Show Cause Applications: We prepare detailed submissions addressing the show cause test, including gathering evidence of community ties, employment, accommodation, and character references
- Breach of Bail Defence: We defend clients accused of breaching bail conditions
Frequently Asked Questions
Can I get bail for a serious offence?
What if police refuse bail?
If police refuse bail, you must be brought before a court as soon as practicable (usually the next business day). The court will then make its own bail decision, and you are entitled to legal representation at that hearing.
Can bail conditions be changed?
What happens if I breach bail?
Speak with a lawyer
Charged with a bail matter? Call Blackridge Law now.
Suite 36, Level 4, 402-410 Chapel Rd, Bankstown NSW 2200
Free consultation | Fixed fees | Available 24/7
Need legal advice?
Get clear guidance and practical support from an experienced legal team.