In NSW, if you have been charged with a criminal conviction, the Police will initially determine your suitability for bail to be granted. If bail is granted, you will have to adhere to strict conditions and will attest to the fact you will attend Court when required to finalise your matter. If bail is initially revoked, it will be up to the Magistrate to determine whether to uphold the decision made by the Police or overrule it. If the Magistrate too, determine that bail will not be granted, you will find yourself in gaol pending the finalisation of your criminal conviction.

However, in instances where this occurs, a bail application can be made on your behalf. At Essere – The Defenders, our criminal defence lawyers are available 24/7 to attend any Local Court to make an application for bail if you have been refused bail at the Police station.

Obtaining bail in NSW is becoming a more difficult exercise. The Bail Act states that certain offences have a presumption against bail being granted. However, the primary consideration in an application for bail is the probability or improbability of a person responding to bail i.e. attending Court.

If there is a presumption against bail, it is likely that you will not be granted the privilege, unless our criminal defence lawyers can persuade the Court through an application for bail on your behalf that either bail should not be refused, or exceptional circumstances exist that justify the granting of bail.

Furthermore, the persuasion made by our criminal defence lawyers is not the only consideration that the Court will deliberate when consideration applications for bail. The Court will also reflect on the seriousness of the offence and the potential penalties when considering such applications. If evidence can be displayed that you will respond to bail then subject to certain conditions, bail should be granted.

Bail conditions that are likely to be imposed and must be complied with include the following: 

• Residing at a certain address;
• Reporting to your closest Police station;
• An acceptable person deposits a sum of money;
• Abiding by a curfew;
• Surrendering your passport;
• Not approaching any international point of departure (i.e. an airport or seaport);
• Not approaching any witnesses involved in the matter
• Not to associate with any co-accused
• Participate in rehabilitative or behavioural programs

For more information relating to bail and bail application, contact our expert criminal defence lawyers for a consultation.