There are two types of Bail:

  1. Local Court
  2. Supreme Court

The type of offence you are charged with will determine whether you are eligible for police bail, that is, bail granted to you at the police station shortly after your arrest, or whether you need to make a formal bail application at the local court.

Factors that will be considered when determining bail include the seriousness of the charge(s), any other criminal charges before the court, your criminal history and whether there is a risk of you committing further offences or a risk that you may not attend court.

Serious offences that are captured within the meaning of Show Cause will have require you to show the court why your detention is not justified.

Show Cause offences are as follows:

(a)  an offence that is punishable by imprisonment for life,

(b)  a serious indictable offence that involves—

(i)  sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or

(ii)  the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,

(c)  a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,

(d)  any of the following offences—

(i)  a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Firearms Act 1996 that involves the use of a firearm,

(ii)  an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,

(iii)  a serious indictable offence under the Firearms Act 1996 that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,

(e)  any of the following offences—

(i)  a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,

(ii)  an indictable offence that involves the unlawful possession of a military-style weapon,

(iii)  a serious indictable offence under the Weapons Prohibition Act 1998 that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,

(f)  an offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,

(g)  an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,

(h)  a serious indictable offence that is committed by an accused person—

(i)  while on bail (whether granted under this Act or a law of another jurisdiction), or

(ii)  while on parole (whether granted under a law of this State or another jurisdiction),

(i)  an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,

(j)  a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,

(k)  a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,

(l)  a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under—

(i)  this Act.

If you have been Local Court Bail refused, you can apply for Supreme Court bail. There are more formal process involved in applying for Supreme Court Bail.

Factors that will be considered when determining bail include the seriousness of the charge(s), any other criminal charges before the court, your criminal history and whether there is a risk of you committing further offences or a risk that you may not attend court.

Serious offences that are captured within the meaning of Show Cause will have require you to show the court why your detention is not justified.

Show Cause offences are as follows:

(a)  an offence that is punishable by imprisonment for life,

(b)  a serious indictable offence that involves—

(i)  sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years, or

(ii)  the infliction of actual bodily harm with intent to have sexual intercourse with a person under the age of 16 years by a person who is of or above the age of 18 years,

(c)  a serious personal violence offence, or an offence involving wounding or the infliction of grievous bodily harm, if the accused person has previously been convicted of a serious personal violence offence,

(d)  any of the following offences—

(i)  a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Firearms Act 1996 that involves the use of a firearm,

(ii)  an indictable offence that involves the unlawful possession of a pistol or prohibited firearm in a public place,

(iii)  a serious indictable offence under the Firearms Act 1996 that involves acquiring, supplying, manufacturing or giving possession of a pistol or prohibited firearm or a firearm part that relates solely to a prohibited firearm,

(e)  any of the following offences—

(i)  a serious indictable offence under Part 3 or 3A of the Crimes Act 1900 or under the Weapons Prohibition Act 1998 that involves the use of a military-style weapon,

(ii)  an indictable offence that involves the unlawful possession of a military-style weapon,

(iii)  a serious indictable offence under the Weapons Prohibition Act 1998 that involves buying, selling or manufacturing a military-style weapon or selling, on 3 or more separate occasions, any prohibited weapon,

(f)  an offence under the Drug Misuse and Trafficking Act 1985 that involves the cultivation, supply, possession, manufacture or production of a commercial quantity of a prohibited drug or prohibited plant within the meaning of that Act,

(g)  an offence under Part 9.1 of the Commonwealth Criminal Code that involves the possession, trafficking, cultivation, sale, manufacture, importation, exportation or supply of a commercial quantity of a serious drug within the meaning of that Code,

(h)  a serious indictable offence that is committed by an accused person—

(i)  while on bail (whether granted under this Act or a law of another jurisdiction), or

(ii)  while on parole (whether granted under a law of this State or another jurisdiction),

(i)  an indictable offence, or an offence of failing to comply with a supervision order, committed by an accused person while subject to a supervision order,

(j)  a serious indictable offence of attempting to commit an offence mentioned elsewhere in this section,

(k)  a serious indictable offence (however described) of assisting, aiding, abetting, counselling, procuring, soliciting, being an accessory to, encouraging, inciting or conspiring to commit an offence mentioned elsewhere in this section,

(l)  a serious indictable offence that is committed by an accused person while the person is the subject of a warrant authorising the arrest of the person issued under—

(i)  this Act.

If you are bail granted and fail to attend court or disobey your bail conditions then you may be arrested by the Police and brought back to the court, known as breach of bail. A Magistrate or Authorised Justice will then decide if you should be given bail again or refused bail.

Your bail continues until the finalisation of your case.

If you or anyone you know would like to apply for bail, call Criminal Lawyers Sydney anytime on (02) 91528619 to arrange a free first conference with a highly experienced criminal defence lawyer who will review the case and advise you of your options and the best way forward.