Bail Application Lawyers Penrith Area

If you or a family member has been refused police bail and is being held in custody, a bail application to the court may be necessary to secure release pending the finalisation of criminal proceedings. Bail matters are governed by the Bail Act 2013 (NSW), which sets out the framework for assessing whether bail should be granted.

Under the Bail Act, the court must assess whether there are any unacceptable risks associated with releasing the accused. These risks include the risk of failing to appear at court, committing a serious offence, endangering the safety of victims or the community, and interfering with witnesses or evidence.

For certain serious offences, including murder, serious drug offences, and some domestic violence offences, the Bail Act creates a presumption against bail. This means the accused must “show cause” why their detention is not justified before the court will consider whether to grant bail.

If bail is granted, conditions may be imposed to address any identified risks. Common conditions include reporting to police, residing at a specified address, not contacting certain persons, and surrendering passports. Breaching bail conditions is a criminal offence and may result in bail being revoked.

If bail is refused by the Local Court, an application can be made to the Supreme Court. Supreme Court bail applications are often appropriate for serious charges or where the Local Court has refused bail on a “show cause” offence.

At Bateman Battersby Lawyers Penrith, our experienced team can assist you with all aspects of bail applications, including:

• making urgent bail applications in the Local Court;
• preparing Supreme Court bail applications for serious matters;
• identifying appropriate bail conditions and sureties;
• advising on compliance with bail conditions;
• making applications to vary bail conditions where circumstances change.