If someone you care about has been arrested and refused bail, time matters. Call us on 02 9977 1133 as soon as you can. The sooner we know the details, the sooner we can start preparing.
A bail application often comes together in a rush. Family members are trying to work out where their loved one is being held, what the charges are and what happens next, often within hours. Knowing what to bring to a bail application in NSW can make a real difference to how well the application is prepared.
This guide explains, in general terms, what bail is, what the court considers, and the documents and information that may help.
A Quick Overview of Bail in NSW
Bail is permission for a person charged with an offence to be released from custody while their case is going through the courts. In NSW, bail is governed by the Bail Act 2013 (NSW).
When police refuse bail, the person is usually brought before a court as soon as practicable, where a bail application can be made. The court considers whether there are risks that the person will not appear at court, will commit a serious offence, will endanger the safety of victims, individuals or the community, or will interfere with witnesses or evidence, and whether bail conditions can reduce those risks to an acceptable level.
For some more serious offences, the accused person must first show why their detention is not justified before the court goes on to consider those risks. Your lawyer will tell you whether this applies.
What to Bring to a Bail Application in NSW
The goal is to give the court confidence that any risk can be managed. Strong, specific, verifiable information helps. Not every item below will be relevant, but these are the things lawyers commonly ask for.
Charge and court documents
- Any paperwork given by police, such as a court attendance notice, charge sheet or bail refusal paperwork
- The police facts sheet, if one has been provided
- Details of any other current charges or court dates
A stable place to live
- The full address where the person would live if released
- Written confirmation from the owner or main tenant that the person can live there
- Proof of the address, such as a lease or utility bill
Work, study and daily life
- A letter from an employer confirming the job and that it is still available, ideally with hours and contact details
- Enrolment details for any course or training
- Information about caring responsibilities, such as children or a family member who relies on the person
Health and support
- Letters from a GP, psychologist or other treating practitioner about any health conditions or ongoing treatment
- Details of any rehabilitation or treatment program the person could attend, and whether a place is available
- A list of current medications
Character references
References should be signed and dated, come from people who know the person well, and confirm that the writer knows about the charges. They should speak to the person’s character, responsibilities and community ties. Your lawyer can tell you what the court will find most helpful.
Surety or security details
The court may require someone to agree to forfeit money if the person does not comply with bail. If a family member or friend may be able to do this, bring:
- Their full name and contact details
- Recent evidence of the funds available, such as a bank statement
- Confirmation that they understand what they are agreeing to
Identity and travel documents
- Identification for the accused person
- Where the passport is kept, as the court may require it to be surrendered
Information to Give Your Lawyer
As well as documents, your lawyer will need to understand the person’s background. Be ready to talk about:
- Any previous criminal history or past bail breaches
- Their ties to the local area, such as family, work and how long they have lived there
- Proposed bail conditions the person can realistically comply with, such as reporting to a police station, a curfew or not contacting certain people
- Anything that would make custody especially hard for them or their family
Be honest. A bail application built on information that later turns out to be wrong can do more harm than good.
What Not to Do
- Do not contact witnesses or alleged victims about the case, even to help.
- Do not discuss the facts of the charges on phone calls or visits with someone in custody, as these may be recorded.
- Do not post about the matter on social media.
If Bail Is Refused
A refusal is not always the end of the matter. Depending on the circumstances, there may be options such as a further application in certain situations or an application to a higher court. Your lawyer can explain what is available and when.
Frequently Asked Questions
How quickly can a bail application be made?
Often very quickly, sometimes on the same day or the next court day after arrest. That is why it helps to gather documents as early as you can.
Can family members attend court?
Usually, yes. A family member or support person in court can sometimes help, especially if they are offering accommodation or acting as a surety. Check with your lawyer first.
What happens if a bail condition is breached?
Police may take action, which can include arresting the person and bringing them back before the court, where bail may be revoked. Anyone granted bail should make sure they understand every condition.
Talk to Our Team Now
Bail applications move fast, and preparation matters. If someone you care about is in custody, call our bail and sentencing team on 02 9977 1133 or contact us online. You can learn more about how we help on our criminal and traffic law page.
Important: this article gives general information about bail applications in NSW. It is not legal advice, and every case depends on its facts. Please speak with a criminal lawyer about your situation before taking any action.
This article is general information only and is not legal advice. Please speak with a solicitor about your circumstances.