How bail works in NSW, and what to do if you're refused

Bail decides whether you await your court dates in the community or in custody. It is not a finding of guilt, it is about risk. Understanding how it works helps you fight for release.

The unacceptable-risk test

For most offences, the court asks whether there is an 'unacceptable risk' that, if released, you would fail to appear, commit a serious offence, endanger others, or interfere with witnesses. If any such risk can be managed by conditions, bail should be granted.

This is why a well-prepared release plan, accommodation, reporting, sureties, curfews, matters so much.

'Show cause' offences

For more serious offences (including many drug, firearm and violence offences, and murder), you must first 'show cause' why your detention is not justified before the unacceptable-risk test even applies. It is a higher bar, but not an impossible one. We have secured bail on 'show cause' offences, including murder.

If you're refused bail

A refusal in the Local Court is often not the end. You can generally make a fresh 'release application' in the Supreme Court, and applications can be remade where circumstances change or fresh material emerges. Speed matters, every day in custody counts.