Criminal Offences

Bail Applications

At Lamont Law, we are highly experienced in preparing and presenting bail applications in courts across New South Wales. Being refused bail can have a devastating impact on your life, your family, and your ability to prepare a proper defence. That is why it is crucial to have skilled legal representation from the very beginning.

When you apply for bail, the court considers several factors, including the seriousness of the offence, your criminal history (if any), the likelihood of you attending court, and whether you pose any risk to the community. A well-prepared bail application addresses these issues directly, giving you the best possible chance of success.

Our lawyers have a proven track record of excellence in securing bail for clients in a wide range of criminal matters, from minor offences to serious charges. We carefully analyse your circumstances, prepare persuasive arguments, and present supporting material such as character references, employment evidence, and surety offers to strengthen your case.

Frequently Asked Questions

  • Bail is an agreement that you will attend court if you have been charged with one or more offences. This agreement means that you won’t be held in custody while the matter is in court. It may have one or more conditions that you must follow.

  • The police may arrest you once you have been charged with an offence. If the police choose to arrest you, then you will be taken back to the police station to be charged. Once you have been charged, then the police will then decide whether to let you go free or not until your matter is heard in court. If the police decide to grant you bail, you are required to attend court. The police may also impose other conditions on bail. You must sign a form which acknowledges the fact that you are on bail and that you are to abide by its conditions.

  • The police can refuse to give you bail. If you are refused police bail then you will be brought before a Local Court. You may make an application to the court to be granted bail. The court must consider whether there are any bail concerns. These are:

    • Will you attend court when required to?
    • Whether you will commit a serious offence?
    • Will any members of the community be endangered?
    • Will you interfere with evidence or witnesses in relation to your matter?

    If the court determines that there are no such concerns in relation to your being released into the community then the court must give you bail. If the court believes that certain conditions can be imposed to address any of those concerns, then the court must give you bail.

  • ‘Showing cause’ means that you must explain to the court why it is not justified to refuse to give you bail. It is much harder to get bail if yours is a ‘show cause’ offence. Many serious offences require you to ‘show cause’.

  • You can make an application to the Supreme Court to give you bail.

  • If the police believe the breach is not serious then you may be given a warning. If the police officer believes that it is a serious breach of your bail then you may be arrested and brought back before the court. The court may decide to grant of refuse you bail.

  • If you have been refused bail, you can make a further application for bail in these circumstances:

    • There is a change in your circumstances
    • You have new information to tell the court about why you should get bail
    • You did not have a lawyer represent you when you requested bail on the first occasion.

  • Bail continues until your matter is finalized or until the time the court changes your bail.

  • You may ask the court to change your bail conditions. The prosecution and the victim may also ask the court to change your bail conditions. You may request to change your bail conditions so that you no longer have to live at a certain address, or reduce your reporting to the police. If you fail to abide by your bail conditions your bail may be revoked.

  • The court can impose different types of bail conditions:

    Conduct Requirements

    • Report to police station at certain times
    • Reside at a specific address
    • Surrender passport
    • Not to contact or approach certain people
    • Not to go to a certain place
    • Curfew

    Security Requirements

    This is a condition which requires you or someone else (often a family member) to give “security”, in the form of money or property, to the court. This money is forfeited to the court if you do not attend court when you are required to do so.

    Character Acknowledgments

    This condition requires a person of good character to sign a form of acknowledgment that you are a responsible person who will obey any and all of your bail conditions.

    Enforcement Conditions

    These are a set of conditions to be adhered to by you while you are on bail such as ransom urine testing.

Bail NSW: A Comprehensive Guide

Call A Lawyer Now

High Success Rate
Legal Experts

Rosie Philips
Evan Hronis
Nicole Tabone
Sarah Bazzi
lamont law jelena

Free Consult • Confidential • Fixed Fees

Request a Call