Bail Applications
Expert Bail Lawyers for Urgent Bail Applications in Sydney
When a person is charged with a criminal offence in New South Wales, police or a court must decide whether the accused person will be released on bail or remanded in custody until their case is finalised. Bail allows a person to remain in the community, subject to conditions, while their charges are dealt with by the court.
Because bail decisions can have immediate and serious consequences, it is critical to obtain advice from experienced Bail Lawyers, particularly when making urgent bail applications in Sydney.
At Criminal Lawyers Group, Steven Mercael specialises in bail applications and regularly appears in Local and District Courts across New South Wales, including urgent after-hours and weekend bail matters.
The Bail Act 2013 (NSW)
Bail in New South Wales is governed by the Bail Act 2013 (NSW). All bail decisions are made by applying the principles set out in this legislation.
The central test applied in every bail application is whether granting bail would pose an “unacceptable risk.”
What Is the “Unacceptable Risk” Test?
Under section 19 of the Bail Act 2013, a court must refuse bail if it is satisfied that there is an unacceptable risk that the accused person would, if released on bail:
- Fail to attend court as required
- Commit a serious offence while on bail
- Endanger the safety of victims, individuals, or the community
- Interfere with witnesses or evidence
If any of these risks cannot be adequately managed through bail conditions, bail must be refused.
How Courts Decide Bail Applications
When determining bail, courts must consider the factors listed in section 18 of the Bail Act, including:
- The accused person’s background, criminal history, and community ties
- The seriousness and nature of the alleged offences
- The strength of the prosecution case
- Any history of violence
- Whether the accused has committed offences while on bail in the past
- Previous compliance or non-compliance with court orders
- Any criminal associations
- The likely length of time the person would spend in custody if bail is refused
- Any special vulnerability (such as mental health issues) that would make custody more onerous
- The accused’s behaviour toward alleged victims and their families
Experienced Bail Lawyers understand how to present these factors persuasively to maximise the prospects of release.
“Show Cause” Bail Applications
Some offences are classified as “show cause” offences under section 16B of the Bail Act. If a person is charged with a show cause offence, bail must be refused unless the accused can show cause why their continued detention is not justified.
If show cause is established, the court must then still consider whether the accused passes the unacceptable risk test.
Show cause offences include:
- Offences punishable by life imprisonment (such as murder or manslaughter)
- Serious indictable sexual offences involving a child under 16
- Serious personal violence offences where the accused has a prior conviction for a similar offence
Show cause bail applications are complex and require careful preparation. Steven Mercael has extensive experience arguing show cause matters and urgent bail applications in Sydney courts.
Bail Conditions and Risk Management
When a court identifies bail concerns, it must then consider whether those concerns can be addressed by imposing conditions.
Under section 20A of the Bail Act, bail conditions must be:
- Reasonably necessary
- Proportionate to the alleged offence
- Directly related to the identified risk
- No more onerous than required
- Practical and realistic for the accused to comply with
- Likely to be complied with
Common bail conditions may include reporting to police, residential restrictions, non-association orders, curfews, or participation in treatment programs.
If bail concerns cannot be adequately mitigated by conditions, the court must refuse bail.
Bail After a Finding of Guilt
A person may apply for bail after being found guilty but before sentencing. In these circumstances, the court may grant bail if it is appropriate, often with strict conditions such as participation in rehabilitation or intervention programs.
However, where a person will be sentenced to full-time imprisonment, bail may only be granted if special or exceptional circumstances exist. In most cases, bail will be refused or revoked once guilt is established and imprisonment is inevitable.
Urgent Bail Applications in Sydney
Bail applications often need to be made urgently — sometimes within hours of an arrest. Early legal representation can significantly improve the chances of release.
Criminal Lawyers Group provides urgent assistance with:
- Police bail refusals
- Court bail hearings
- Show cause bail applications
- Bail variations and revocations
- Weekend and after-hours bail matters
Steven Mercael, a senior criminal defence lawyer, is highly experienced in complex and urgent bail applications and appears regularly across Sydney courts.
Speak to Experienced Bail Lawyers Today
If you or someone you care about has been refused bail or requires urgent bail applications in Sydney, contact Criminal Lawyers Group immediately.
Early advice from experienced Bail Lawyers can make the difference between release and remaining in custody.
👉 Contact Criminal Lawyers Group today to speak with Steven Mercael about your bail application.