How Does Bail Work in NSW? What You Need to Know After an Arrest
- Christopher David Alis
- Apr 1
- 4 min read
Arrested in NSW? Here’s What You Need to Know About the Bail Process
Being arrested is overwhelming — whether it happens to you or someone you care about. In the hours that follow, one of the most urgent questions is: Can I (or they) get bail?
At CDA Lawyers, we regularly assist individuals and families across Sydney with urgent bail applications, day or night. Here’s what you need to know about the bail process in NSW, including how it’s decided, what to expect, and how we can help.
What Is Bail in NSW, How Does Bail Work?
Bail is a legal agreement that allows someone charged with a criminal offence to be released from custody while awaiting their court case. It may come with conditions, and breaching bail can lead to re-arrest or worse.
How Is Bail Decided in NSW?
Under the Bail Act 2013 (NSW), a person is either granted or refused bail based on whether they pose an unacceptable risk.
The court or police consider:
• The seriousness of the offence
• Whether the accused has a criminal history
• Any previous failures to appear in court
• Risk to public safety or alleged victims
• Likelihood of interfering with witnesses or evidence
Important Tips:
• The first bail application is often the most critical — being well-prepared can make all the difference.
• Police can grant bail after arrest, but if they refuse, a lawyer can quickly prepare a court application.
• It’s best to have a lawyer attend court with you, as judges are more receptive to structured, well-argued bail submissions.
Bail can be granted by:
• NSW Police (at the station after arrest)
• The Local Court (if police refuse or if conditions are disputed)
Common Bail Conditions in NSW
If bail is granted, it often comes with strict conditions. These might include:
• Reporting to a police station (daily, weekly, etc.)
• Curfews or home detention
• No contact with the alleged victim
• Not entering certain suburbs or locations
• Surrendering your passport
• Providing a surety (more below)
Things to Know:
• Conditions are designed to manage risk — but they can be negotiated.
• If conditions are unreasonable or overly strict, your lawyer can apply to vary bail in court.
• You are legally bound to comply — even small breaches (e.g. being late for reporting) can trigger serious consequences.
The conditions depend on the offence and individual circumstances. A skilled bail lawyer can negotiate more manageable terms.
What If You Can’t Afford Bail?
If the court sets bail with a financial component (known as a security or surety), and you can’t afford to pay it immediately:
• You may remain in custody until the money is secured
• A family member or friend can act as a surety (see below)
• Your lawyer can apply to vary the bail to reduce or remove the financial burden
We understand the financial strain legal issues can bring. At CDA Lawyers, we work quickly to arrange realistic options and push for non-financial conditions wherever possible.
Who Can Be a Surety?
A surety is someone who agrees to forfeit money or property if the accused doesn’t attend court.
To act as a surety in NSW, the person must:
• Be over 18
• Be of good character (usually with no criminal record)
• Be able to show proof of assets or financial resources
• Attend court to confirm their commitment
Additional Tips:
• The surety must usually provide a bank statement, property title, or pay slip to prove financial standing.
• Courts often prefer sureties who have a close, stable relationship with the accused — like a parent, partner, or long-time friend.
• The court may question the surety about their understanding of the obligation and their willingness to ensure the person attends court.
Your lawyer can help prepare their documents and present their suitability to the court.
Can Bail Be Refused?
Yes. Bail may be refused if the person is:
• Charged with a serious offence (e.g. armed robbery, drug supply, assault)
• Considered a flight risk
• Deemed likely to reoffend while on bail
• Accused of breaching previous bail conditions
But even if bail is refused the first time, a lawyer may be able to re-apply later — especially if circumstances change.
Do You Get Bail Automatically?
No. Bail is not automatic in NSW. That’s why it’s critical to have a lawyer who can:
• Present strong evidence to show you’re not a risk
• Argue for fair, manageable conditions
• Respond quickly in time-sensitive hearings
How CDA Lawyers Can Help With Bail
We understand how urgent and stressful a bail application can be. Our team are experts in this area, and we're available 24/7 to attend police stations and Local Courts across Sydney.
We can help with:
• Urgent bail applications (including same-day appearances)
• Advice to family members about surety or bond options
• Drafting and filing written submissions where needed
• Preparing the best possible case for your release
We also offer a free 15-minute consultation to discuss your options.
Need Bail Help Now? Call CDA Lawyers 24/7
Don’t wait. Bail is time-sensitive and can make all the difference to your case and wellbeing.
Contact CDA Lawyers Today:
• Phone: +61 413 425 072
• Website: www.cdalawyers.com.au
• Location: Based in Marrickville, servicing all Sydney courts
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