Bail refused? Baker Love Lawyers can help

Bail law is complex, particularly for serious offences or where domestic violence allegations are involved. At Baker Love Lawyers our experienced criminal lawyers can identify risks and tailor conditions to address the court’s concerns. A well-prepared bail application can make a significant difference.

Bail vs Remand: What’s the difference?

Bail

Bail means you are allowed to remain in the community while your criminal matter is finalised, usually on certain conditions. These conditions may include reporting to police, living at a particular address, or not contacting certain people.

Remand

Remand means you are kept in custody (usually in a correctional centre) until your next court date or until your case is finalised.

If bail is refused, the accused will be held on remand. This can significantly affect employment, family responsibilities, and preparation of a defence, which is why obtaining bail early is often critical.

How does bail work?

Bail in NSW is governed by the Bail Act 2013 (NSW). In broad terms, bail involves two key questions:

Is this a “show cause” matter? If yes, the accused must first satisfy the court that there is a good reason they should not remain in custody.
Is there any “unacceptable risk”? The Court must consider whether release would create an unacceptable risk that the accused would, for example:

2.1 fail to appear at court;

2.2 commit a serious offence;

2.3 endanger the safety of victims, witnesses, or the community, or;

2.4 interfere with witnesses or evidence.

If an unacceptable risk is identified, the court then considers whether conditions can reduce that risk to an acceptable level. If not, bail will be refused.

What is a “show cause” offence?

Some charges are treated as sufficiently serious that Parliament requires the accused to clear an additional hurdle. These are commonly called “show cause offences”.

In a show cause matter:

the court starts from a position that detention is justified, and
the accused must show cause why detention is not justified.

Only if the accused shows cause does the court, then go on to consider the usual unacceptable risk assessment.

Police bail vs Court bail

Police Bail

Police can grant bail immediately after charging a person. This is known as police bail.

Police bail is more common for:

Less serious offences
First-time offenders
Matters where there is a stable address and employment

Police may refuse bail if they believe the risks are too high or if the offence is considered serious.

Court Bail

If police refuse bail, the accused must be brought before a court as soon as practicable, usually the next business day. A court bail application can then be made before a Magistrate or Judge.

Court bail applications are more detailed and often require:

Submissions from a lawyer
Supporting documents or affidavits
A proposed bail address and conditions

In serious matters, bail may only be dealt with by higher courts such as the District Court or Supreme Court.

Factors the Court considers when deciding bail

When deciding whether to grant bail, the Court looks at a wide range of factors, including:

The seriousness of the offence
The strength of the prosecution case
The accused’s criminal history (if any)
Whether the accused has previously complied with bail
Ties to the community (family, employment, residence)
Any history of violence or domestic violence
The views of the alleged victim (in some cases)

No single factor decides bail on its own. The court weighs all circumstances to determine whether any risk can be managed.

Need help with bail?

If you or a family member has been refused bail, early advice can be crucial, at Baker Love Lawyers our criminal lawyers can assess your situation, prepare a strong bail application, and represent you in court.

Need help with reapplying for bail? No problem, our criminal lawyers can advise whether a fresh bail application is permitted and the best strategy moving forward.