A family member has been arrested. Bail has been refused by the police. You need a lawyer immediately.
When someone you love is in custody, every hour matters. The first bail application is often the most important step in the entire criminal proceeding, both for liberty in the short term and for the position the case takes from there. The decisions made in the first 24 hours significantly affect everything that follows.
Citilawyers acts in urgent bail applications in the Local Court, the Supreme Court of New South Wales, and on detention applications by police. We act for clients charged with offences across the full spectrum of NSW criminal law, from minor offences to serious indictable matters, including those subject to the “show cause” requirement under the Bail Act 2013 (NSW).
For a complete guide to how criminal proceedings progress in NSW, from first appearance through to trial, sentencing, and appeal, see our criminal litigation lawyers page.
Contact our Sydney bail application lawyers immediately if any of the following applies:
For bail matters, speed matters more than almost any other type of legal work. The earlier we are instructed, the more time we have to prepare a proper application; gathering supporting documents, securing surety, drafting submissions, and preparing the strongest possible case for release.
Facing a criminal allegation can be overwhelming, and different cases require highly specialised strategies. If you are dealing with an allegation of violence, you can find tailored guidance on our assault charges lawyers page. If your matter involves narcotics, our dedicated drug offence lawyer team can outline your options and defence strategies.
The Bail Act 2013 (NSW) governs bail in New South Wales. Bail is the legal process that allows a person charged with a criminal offence to be released from custody while their matter proceeds through the courts. It is grounded in the presumption of innocence and the right to liberty.
After arrest, three things can happen:
If bail is refused or unacceptable, the next step is a formal bail application either in the Local Court or, for more serious matters, the Supreme Court of New South Wales. Where bail is refused at the police station, legal advice should be sought immediately. Understanding your rights when dealing with police is critical, see our guide to police powers in NSW.
Whether bail is granted depends on the type of offence and the tests the court applies.
“Show Cause” Offences
For serious offences listed in section 16B of the Bail Act 2013 (NSW), the accused bears the onus to “show cause” why their continued detention is not justified. Show cause offences include:
The show cause requirement is a significant hurdle. Without cause being shown, bail is refused. Compelling personal circumstances, unusual features of the case, or weak prosecution evidence can satisfy the test — but proper preparation is critical.
The “Unacceptable Risk” Test
For all bail applications (whether show cause or not), the court must also consider whether release would create an unacceptable risk that the accused will:
If an unacceptable risk exists, the court must consider whether bail conditions can mitigate the risk to an acceptable level. Common conditions include reporting to police, residence restrictions, curfews, surrender of passport, surety, non-contact orders, and electronic monitoring.
Bail work is the most time-sensitive area of criminal practice. Our approach prioritises:
Immediate response: Bail enquiries are treated as urgent. We aim to attend the Local Court or police station on the same day the request is received.
Thorough preparation: A well-prepared bail application addresses every objection the prosecution will raise. Before stepping into court, we gather supporting documents, including character references, employment evidence, residential stability, proposed sureties, and treatment plans.
Strategic conditions: Where bail is opposed, we propose conditions that demonstrably reduce risk to the satisfaction of the court. This often turns an “unacceptable risk” into an acceptable one with appropriate conditions; and
Strong advocacy: Bail applications turn on persuasive advocacy. Our solicitors are experienced in presenting bail applications across all NSW courts.
For more on criminal proceedings generally, see our criminal defence lawyers page.
Local Court bail applications: Most first bail applications are heard in the Local Court; typically, the next business day after refusal by police. For weekend or after-hours arrests, the Magistrate at the Central Local Court manages weekend bail lists.
Supreme Court bail applications: Where bail has been refused by the Local Court, a release application can be made to the Supreme Court of New South Wales under section 65 of the Bail Act. Supreme Court bail applications are more formal and require detailed written submissions and supporting affidavits.
Detention applications by police: Under the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), police can apply for extension of investigation periods or other detention orders. We respond to detention applications urgently.
When bail is granted, the court typically imposes conditions designed to address identified risks. Common conditions include:
Conditions can be varied during the proceedings. We can apply to the court to relax conditions where circumstances change (for example, to accommodate work, medical treatment, or family responsibilities).
A breach of bail is a serious matter. If a person is on bail:
The consequences may include arrest, revocation of bail, forfeiture of surety amounts, fresh “breach of bail” charges, and significantly more difficult prospects of bail at any later stage.
If you have been notified of a breach of bail allegation, contact us urgently before any court appearance.
If bail is refused by the Local Court, you may apply to the Supreme Court for a fresh bail application. There is no limit on the number of bail applications that can be made, but a fresh application should generally be supported by new material or a change in circumstances since the previous refusal — simply repeating the same arguments is unlikely to succeed. We can advise quickly on what additional material may strengthen a renewed application.
Our Sydney bail application lawyers act for clients held in custody throughout the Sydney metropolitan area and across New South Wales. Including matters in the Local Courts of Sydney CBD (Downing Centre), Parramatta, Bankstown, Burwood, Hornsby, Liverpool, Manly, Newtown, Penrith, Ryde, and Sutherland.
We appear in Supreme Court bail applications in Sydney for matters from across the state, including for clients held in regional NSW correctional centres.
If a family member has been arrested or refused bail, every hour matters. Contact Citilawyers immediately.