What Is a Bail Application?
A bail application is a formal request to an NSW court asking that a person charged with a criminal offence be released from custody — with or without conditions — while their case is before the court, rather than held in custody until the matter is finalised.
Key facts:
- Heard by: Local, District, or Supreme Court, depending on the charge and case history
- Decided using: factors under s18 of the Bail Act 2013 — flight risk, community ties, seriousness of the offence, and prior court history
- Two types: standard bail (the prosecution must show why release isn’t justified) and show cause bail (the accused must show why detention isn’t justified), which applies to more serious offences listed under s16B of the Act
- Possible outcomes: bail granted (with or without conditions), bail refused, or the application adjourned
Our team of dedicated criminal lawyers in Sydney are always available to attend court to represent you at a bail application. We are contactable 24/7 and will readily attend any court in Australia to make your application for bail. We have often appeared for clients who are taken to Parramatta Bails Court on weekends and public holidays for their case to be heard.
We have successfully argued for bail for our clients when it appeared seemingly impossible that they would get bail. With recent amendments to the Bail Act,it is very difficult to make a second or subsequent bail application in the local court when the first application has failed. It is imperative that you obtain legal advice from one of our lawyers before leaping into a bail application at the local court.
If bail is refused in the Local Court or District Court, we can lodge an application with the Supreme Court of NSW for you. We will expertly prepare your application and guide you step by step on what documents you need, and what witnesses you may require to convince the court that they should set you free whilst your case goes through the lengthy court process.
What Happens During a Bail Application
If you or a family member has been arrested, bail will usually be decided at your first court appearance. Here’s what to expect.
- Arrest and first appearance Once charged, police will either grant conditional bail on the spot or refuse it and hold you in custody until you can be brought before a court — typically the next sitting day. Our lawyers are available 24/7 and can attend court at short notice, including weekends and public holidays at courts like Parramatta Bail Court.
- Standard bail vs. show cause For most offences, the court starts from a presumption you should be released, and the prosecution must show why you shouldn’t be. For a smaller category of more serious offences (listed under s16B of the Bail Act 2013), the position reverses: you must “show cause” why your continued detention is not justified. Which category your charge falls into significantly changes how the application needs to be prepared.
- Preparing the application This is where outcomes are usually won or lost. We gather references, evidence of community ties, proposed bail conditions, and — for show cause matters — material that directly challenges the strength of the prosecution case. The stronger this preparation, the stronger the application.
- The hearing Your lawyer presents the application to a Magistrate (Local Court) or Judge (District/Supreme Court), addressing the factors the court must weigh under s18 of the Bail Act — flight risk, community ties, prior court history, the seriousness of the charge, and how long you’d likely spend in custody awaiting trial if bail is refused.
- If bail is refused Under the 2015 amendments, it’s now much harder to make a second local court application once the first has failed. If Local or District Court bail is refused, we can lodge a fresh application directly with the Supreme Court of NSW — this is a different, often stronger, avenue and shouldn’t be treated as a last resort.
Timeframe: a first bail application is usually heard within 1–2 days of arrest. A Supreme Court application typically takes longer to prepare and list — we’ll give you a realistic timeframe once we know your court and charge.
What is a Show Cause Bail application?
Following the release to bail in many high-profile offenders, and following the tragedy of the Lindt Siege, strict bail laws have been rushed through to ensure that more serious offenders are kept behind bars.
In early 2015 there were a number of changes to the Bail Act which have made the prospects of getting bail in many serious criminal charges much harder. Within this amendment categories of offences were introduced for which bail must now be refused unless the accused can ‘show cause’ why his or her detention is not justified.
This amendment to the Bail Act means that for a number of offences achieving bail is now a lot harder and requires the accused to prove that the bail sought is not justified in the matter.
Which offences will now require the accused to show cause in a Show Cause bail application?
If the accused is charged with any offence that falls under s 16B of the Bail Act 2013 the show cause requirement for bail applications will apply.
There are many offences, all of which are found under s 16B of the of the Bail Act 2013.
For more information on “Show Cause” bail applications, and bail generally, go to our article on the topic, by clicking here.
Factors in Determining Bail
s. 18 of the Bail Act lists some of the factors the court will take into account in determining whether bail should be granted. Some of these are:
- The probability of whether or not the person will appear in court in respect of the offence for which bail is being considered,
- The person’s background and community ties,
- Any previous failure to appear in court,
- The circumstances of the offence (including its nature and seriousness), the strength of the evidence against the person and the severity of the penalty or probable penalty,
- The period that the person may be obliged to spend in custody if bail is refused.
How Much Does a Bail Lawyer Cost?
We know cost is often the first question, especially when a bail application needs to happen fast. Here’s how it works with us:
- Free, obligation-free consultation — every bail matter starts with a free consultation, available 24/7, so you know where you stand before you commit to anything.
- Upfront, transparent pricing — once we understand your charge and which court you’re due before, we’ll give you a clear quote before any work begins. No surprise invoices.
- What affects the cost — the main factors are: which court the application is heard in (Local, District, or Supreme Court), whether it’s a standard or show cause application, and how much preparation time is needed (e.g. gathering references, expert reports, or challenging Crown evidence).
- Urgent/out-of-hours matters — because we attend courts like Parramatta Bail Court on weekends and public holidays, urgent same-day or next-day applications are priced accordingly — we’ll always confirm this with you first.
- Can’t afford a private lawyer? You may be eligible for Legal Aid — read more on our Legal Aid page or ask us during your free consultation and we can advise whether you qualify.
Frequently Asked Questions — Bail Applications
Q: How quickly can I get a bail lawyer?
A: We’re available 24/7 and can attend most NSW courts at short notice, including weekend bail courts like Parramatta. If you or a family member has just been arrested, call us immediately — the sooner we’re involved, the more time we have to prepare a strong application.<
Q: What’s the difference between show cause and standard bail?
A: For most charges, the prosecution must show why you shouldn’t get bail. For a defined list of more serious offences under s16B of the Bail Act 2013, it’s reversed — you must show cause why your detention isn’t justified. This changes how the application is built, so it’s worth knowing early which category your charge falls into.
Q: How long does a bail application take?
A: A first application is usually heard within a day or two of arrest. If it needs to go to the Supreme Court after being refused elsewhere, it typically takes longer to prepare and list — we’ll give you a realistic timeframe once we know the details of your matter.
Q: What happens if bail is refused?
A: Recent changes to the Bail Act make a second Local Court application difficult once the first has failed. In most cases, the better path is a fresh application to the Supreme Court of NSW, which we can lodge on your behalf.
Q: What conditions might be attached to bail?
A: Common conditions include reporting to a police station, surrendering your passport, a surety (a financial guarantee from you or a family member), and restrictions on contact with certain people or locations. We’ll advise which conditions are likely and how to prepare for them.
Q: Do I really need a lawyer for a bail application, or can I do it myself?
A: You can apply without a lawyer, but bail applications — especially show cause matters — are won on preparation and legal argument. An unsuccessful first attempt can make a second one significantly harder under current law, so it’s worth getting it right the first time.
Q: How much does a bail application cost?
A: It depends on the court and complexity of your matter. We offer a free consultation and provide a transparent quote before any work begins — see the cost section above for details.
