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.
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.
Contact a criminal lawyer urgently. Police can only hold a person who has been refused bail until the next business day, when they must be brought before the Local Court. Your lawyer needs as much time as possible to prepare the application, including gathering character references, securing a surety, and preparing submissions.
For urgent matters, we attend Local Courts across Sydney on the same day where possible. For weekend bail lists at Central Local Court, we appear on Saturday and Sunday for clients in custody.
Under Section 16B of the Bail Act 2013 (NSW), certain serious offences are designated “show cause” offences, meaning the accused must establish that their continued detention is not justified. Show cause offences include murder, serious sexual and drug offences, serious firearms offences, certain offences committed while on bail or parole, and offences with a maximum life sentence. The show cause requirement is a significant hurdle.
For all bail applications, the court considers whether the accused, if released, would pose an “unacceptable risk” that they would fail to appear, commit a serious offence, endanger victims or the community, or interfere with witnesses. If an unacceptable risk exists, the court considers whether bail conditions can reduce the risk to an acceptable level.
Yes. Proposing an appropriate surety is often essential for bail to be granted. A surety is a person who provides an undertaking to forfeit a specified sum of money if the accused fails to appear. Sureties must be approved by the court and typically need to demonstrate financial capacity and a close connection to the accused.
If bail is 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. The Supreme Court reviews the matter afresh. Supreme Court bail applications require more formal preparation including written submissions and supporting affidavits.
Yes. Either the prosecution or defence can apply to vary bail conditions during the proceeding. Common variations include changes to reporting requirements, residential address, travel for work, or contact provisions. The court considers whether the variation continues to address the original bail concerns.
Costs vary depending on the complexity of the matter, the court involved (Local Court vs Supreme Court), the time required for preparation, and the urgency. We provide clear fee disclosure before commencing work. For urgent matters, we discuss costs upfront and prioritise getting your loved one home over administrative formalities.
A bail application is separate from the trial of the substantive offence. The Magistrate or Judge hearing bail does not determine guilt or innocence. However, what is said at a bail application can become part of the record, so submissions must be made carefully; another reason to have experienced legal representation.
