Bail & Sentencing
When you’re facing criminal charges or a sentencing hearing, the quality of your legal representation can profoundly affect your liberty and future.
MCB Lawyers delivers high-end, strategic criminal defence representation in bail applications, bail variations, and sentencing matters across NSW.
Northern Beaches Criminal Lawyers
Trusted Experience, Balanced Insight
The difference between competent representation and exceptional advocacy often lies in perspective. At MCB Lawyers, that perspective comes from years of experience on both sides of the criminal justice system.
Our Director, Daryl Cleofe, began his legal career as a Police Prosecutor before moving into defence practice. This dual insight gives our firm an uncommon depth of understanding — how police and prosecution cases are prepared, what factors influence prosecutorial discretion, and how to anticipate and address evidentiary issues before they arise.
This background allows us to engage with every matter strategically, with precision and foresight. We know how decisions are made in courtrooms and across prosecutorial desks — knowledge that enables us to craft persuasive submissions, present credible bail proposals, and mitigate sentencing outcomes with credibility and integrity.
Our approach is measured and pragmatic. We speak frankly with clients, prepare meticulously, and advocate with professionalism. The result is representation that inspires trust — not because of promises, but because of proven capability.
How Bail Works in NSW
Bail is permission to remain in the community while your matter progresses, subject to conditions. Under the NSW Bail Act 2013, the court considers whether your release presents an unacceptable risk of failing to appear, committing a serious offence, endangering safety, or interfering with witnesses.
Depending on the charge, you may also need to show cause why detention is not justified. Our lawyers structure a targeted bail application NSW with evidence addressing each risk factor and, where relevant, show cause.
Sentencing and Mitigation
At the sentencing stage, the court must balance punishment, deterrence, rehabilitation, and protection of the community. Our role is to present your circumstances in full—showing remorse, rehabilitation, and positive prospects—to achieve the lightest outcome permitted by law.
We regularly prepare written submissions, character references, and expert reports. Where appropriate, we seek community-based orders or Section 10 outcomes that avoid a conviction altogether.
Section 10 Dismissal
Dismissal without conviction — suitable for minor offences and strong mitigation cases.
Conditional Release Order (CRO)
Non-custodial order allowing supervision and treatment conditions.
Community Correction Order (CCO)
Community-based supervision and rehabilitation conditions.
Intensive Correction Order (ICO)
Custodial term served in the community with strict monitoring.
What the Court Considers
- Nature/seriousness of the charge
- Strength of the prosecution case
- Criminal history & prior bail compliance
- Community ties, employment, stable residence
- Risks to safety or interference with witnesses
Common Bail Conditions
- Residence & curfew requirements
- Reporting to police & non-association
- No contact with complainants/witnesses
- No alcohol/drugs; treatment participation
- Surety or security, surrender of passport
Variations & Breaches
If your situation changes, we can seek a bail variation. Alleged breaches require immediate advice—early action can protect your liberty and case strategy.
A Measured Approach, Built on Trust
Every matter we accept carries personal weight for our clients — whether it involves liberty, livelihood, or reputation. At MCB Lawyers, we approach each case with that understanding in mind. Our role is not only to represent, but to guide — offering clarity where there is uncertainty and direction where there is pressure.
We believe effective advocacy begins with preparation and respect — for the client, for the court, and for the process. Our lawyers communicate with honesty, manage expectations realistically, and ensure that every client is heard and informed. This commitment to professionalism and transparency underpins the trust we have built with individuals, families, and businesses across New South Wales.
Whether we are securing bail, preparing a sentencing submission, or advising on a complex legal issue, our focus remains the same: delivering outcomes through integrity, strategy, and calm, deliberate advocacy.
Need guidance on your matter?
Receive clear, strategic advice for your bail application or sentencing hearing.
Our experienced criminal defence lawyers act swiftly to protect your rights and secure your release. We appear in Local, District, and Supreme Courts across NSW.
