Criminal Lawyers Group have been nationally recognised as the top criminal law firm in NSW for securing bail for our clients who have been charged with criminal offences.
If you or anyone you know have been accused or charged with a criminal offence, contact our award-winning team of expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation.
WHAT IS BAIL?
Bail is defined under Section 7 of the Bail Act 2013 (NSW) as the authority to be at liberty for an offence, including an alleged offence. The legislation provides that bail can be granted to any person accused of an offence and that a person who, because of bail, is entitled to be at liberty for an offence is entitled (if in custody) to be released from custody.
HOW IS BAIL GOVERNED?
Bail in NSW is governed under the Bail Act 2013 (NSW), which serves the purpose of providing a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions.
REFUSAL OF BAIL – UNACCEPTABLE RISK
Section 19 of the Bail Act 2013 (NSW) requires a bail authority to refuse bail if the bail authority is satisfied, on the basis of an assessment of bail concerns, that there is an unacceptable risk. An unacceptable risk is an unacceptable risk that the accused person, if released from custody, will:
- Fail to appear at any proceedings for the offence, or
- Commit a serious offence, or
- Endanger the safety of victims, individuals or the community, or
- Interfere with witnesses or evidence.
BAIL CONDITIONS
Section 23 of the Bail Act 2013 (NSW) states that bail conditions can be imposed when bail is granted or a bail decision is varied. Bail conditions may include, but are not limited to:
- Conduct requirements: a requirement that the accused person do or refrain from doing anything
- Security to be provided for compliance with a bail acknowledgment
- Accommodation requirements
- Electronic monitoring
NSW SHADOW MINISTER INTRODUCES YOUTH BAIL BILL
NSW Shadow Attorney General and Member for Wahroonga, Alister Henskens SC, introduced into NSW Parliament the Crimes Legislation Amendment (Youth Crime) Bill 2025, in response to an increase in youth crime.
The Bill seeks to amend the Bail Act 2013 (NSW) to provide that a bail authority must not grant bail to a person between the ages of 14 and 18 alleged to have committed a motor theft offence, serious breaking and entering offence, or another serious indictable offence while on bail for another relevant offence, unless:
- The bail authority has a high degree of confidence the relevant young person will not commit a relevant offence while on bail, and
- The bail conditions include imposing a curfew and electronic monitoring.
In arguing in favour of the Bill, the Shadow Minister criticised the NSW Labor Government for perceived failures in dealing with youth crime.
The Bill is currently in the NSW Legislative Assembly and if passed, will move to the NSW Legislative Council for their consideration.
CHIEF JUSTICE ANDREW BELL DEFENDS COLLEAGUES OVER BAIL DECISIONS
NSW Chief Justice Andrew Bell took the rare step of issuing a public statement in which he defended his team of judicial officers following two recent controversial bail decisions.
The court decisions recently saw an accused killer and a teenager on 17 break and enter charges released from prison on bail.
In his statement, the NSW Chief Justice argued that the presumption of innocence is fundamental to the justice system and that people should not be deprived of their liberty unless there was good reason to do so. He claimed that it was unfair to blame judges for granting bail to offenders who would ultimately go on to reoffend while on bail and that doing so “involves a profound misunderstanding of the nature of the difficult and complex risk assessment which judges are required to make when hearing and determining bail applications.”
CONTACT CRIMINAL LAWYERS GROUP NOW
If you or anyone you know have been accused or charged with a criminal offence, contact our expert criminal lawyers at Criminal Lawyers Group immediately for a free consultation so that we may secure the best outcome for you.
Our award-winning team of criminal law experts are nationally recognised for securing bail for our clients across NSW who have been charged with criminal offences.