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.

Professional contract lawyer providing legal advice in Northern Beaches office.

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.

Frequently Asked Questions

What is bail, and how does it work?
Bail is a legal mechanism that allows an accused person to be released from custody while awaiting trial, under certain conditions. It involves providing a guarantee, often financial or in the form of a surety, to ensure the accused will appear in court when required.
What factors influence the granting of bail?
Several factors can influence whether bail is granted, including the nature of the alleged offence, the accused’s criminal history, the risk of flight, and the likelihood of reoffending. Legal representation is crucial to present these factors effectively.
Can bail conditions be changed?
Yes, bail conditions can be modified if circumstances change or if they are deemed too restrictive. A legal professional can help you apply for a variation of bail conditions to better suit your situation.
What happens if bail is breached?
Breaching bail conditions can result in the accused being taken back into custody and potentially facing additional charges. It’s important to adhere strictly to all conditions and seek legal advice if you anticipate any issues.
How is a sentence determined in court?
Sentencing is influenced by various factors, including the severity of the crime, any mitigating circumstances, and the offender’s criminal history. The court considers these elements to decide on an appropriate penalty.
What are alternative sentencing options?
Alternative sentencing options may include community service, probation, or rehabilitation programs. These alternatives aim to address the underlying issues related to the offense and reduce the likelihood of reoffending.
How can legal representation impact sentencing outcomes?
Experienced legal representation can significantly affect sentencing outcomes by presenting mitigating factors, negotiating plea deals, and advocating for alternative sentencing options that align with the client’s circumstances.
Can a sentence be appealed?
Yes, a sentence can be appealed if there are grounds to believe it was unjust or excessive. Legal advice is essential to determine the viability of an appeal and to navigate the appeals process effectively.
What should I do if I’m facing sentencing?
If you’re facing sentencing, it’s crucial to seek legal advice as soon as possible. A lawyer can help you understand the potential outcomes, prepare your case, and advocate for a fair sentence.
Why choose MCB Lawyers for bail and sentencing matters?
At MCB Lawyers, we combine empathy with expertise to provide clear guidance and robust representation. Our tailored approach ensures you are fully informed and supported throughout the bail and sentencing process, helping you achieve the best possible outcome.