Bail applications
A bail application asks a court to release someone from custody while their charge is decided, on conditions that manage the risk the law is concerned about, rather than deciding guilt.
How William can help
William Lam
Principal Solicitor
Your lawyer from start to finish.
Bail is decided under the Bail Act 2013 (NSW): whether there is an unacceptable risk that, if released, your family member would fail to attend court, commit a serious offence, endanger anyone's safety, or interfere with witnesses or evidence. Winning a bail application means matching each of those concerns with real evidence, prepared properly and ready before the hearing is called.
William acts on bail applications urgently, including at night and on weekends, in the Local Court, the Bail Division, and the Supreme Court.
How a bail application runs
Police station
Police investigate, then release your family member, release them on police bail with conditions, or refuse bail and keep them in custody.
Local Court or Bail Division
If police refuse bail, a Local Court Judge decides bail as soon as reasonably practicable, usually the same or next day, either at the local court or by video link through the Bail Division.
Supreme Court
If the Local Court refuses bail, a further application to the same court is only allowed in limited circumstances. Otherwise the next step is a bail application to the Supreme Court, usually heard six to ten weeks later.
What the court looks at
A bail application is won by matching each of the court's concerns with evidence.
| The court's concern | Evidence that answers it |
|---|---|
| Will they turn up to court? | A stable address; work, study or caring responsibilities; a history of attending court |
| Will they reoffend? | A place in treatment or rehab; a curfew; a job to go to |
| Will anyone be in danger? | An address away from the complainant; no-contact conditions; exclusion zones |
| Will they interfere with witnesses? | No-contact conditions; regular reporting to police |
| How strong is the case? | Weaknesses in the facts sheet |
| How long until the case ends? | Likely delay compared with the likely sentence |
Fixed fees
Upfront pricing for bail applications, so you know the cost before work begins.
See all fixed feesBail
| Matter | Fee |
|---|---|
| Bail application, Local or District Court | From $2,000 + GST |
| Urgent or weekend bail application | From $3,000 + GST |
| Bail application, Supreme Court | From $5,000 + GSTExcluding barrister’s fees |
Common questions
Can’t see your question? Call William on 0412 693 906.
How much does a bail application cost?
From $2,000 + GST for simpler, non-urgent matters in the Local or District Court, from $3,000 + GST for an urgent or weekend application, and from $5,000 + GST plus barrister's fees in the Supreme Court.
Can Legal Aid help?
Possibly. Legal Aid NSW decides based on means and the type of matter, and duty lawyers can appear at bail hearings. William is on Legal Aid's summary, indictable and children's criminal law panels, and can tell you on the first call whether Legal Aid might apply.
Can I bail someone out in NSW?
Not in the way you see on American TV. You can't simply pay a fee to get someone released. If a security is required, someone may need to agree to forfeit money, and sometimes deposit it, before release. Whether bail is granted at all depends on the risk test, not on money.
What are reasonable bail conditions?
Conditions must be reasonably necessary to address a specific concern, proportionate to the offence, no more onerous than necessary, and practical to comply with (s 20A). Common ones are living at a set address, reporting to police, a curfew, no contact with certain people, and staying away from certain places.
How long does a Supreme Court bail application take?
Usually six to ten weeks, and longer over the summer recess from mid-December into January. If the application is lodged by 5pm on a Tuesday, it is first listed at 9am that Friday to get a hearing date.