Bail

Bail law in New South Wales is governed by the Bail Act 2013, involving several tests to determine eligibility. One critical test is the "Show Cause" test, where the accused must justify why detention is not warranted for certain serious offences, making bail harder to obtain. If this test is passed or not applicable, the court assesses if there is a bail concern known as the ‘Unacceptable Risk’ test.

The primary bail considerations for the Court are:

- Will the accused fail to appear in court if released?
- Will the accused commit a serious offence if granted bail?
- Will the accused endanger the safety of the victim, individuals, or the community if released?
- Will the accused attempt to interfere with witnesses or evidence?

Bail will be granted if no Bail Concern is found or if any concerns can be mitigated with conditions. If an Unacceptable Risk is determined, bail will be refused. These considerations are intertwined and depend on the type and number of charges faced. Obtaining bail is particularly challenging for serious offences such as drug importation, violent crimes, murder, and robbery, as well as for repeat offenders or those already on bail or bond.

Common bail conditions include:

- Residing at a specified address
- Adhering to a curfew
- Periodic reporting to a police station
- Travel restrictions
- Prohibition from associating with witnesses or co-accused
- Complying with an Apprehended Violence Order (AVO)
- Engaging in rehabilitation
- Providing a bail surety
- Offering a character acknowledgment
- Surrendering a passport
- Undergoing drug and alcohol testing
- Avoiding certain places
- Prohibition from driving

If bail is granted, the accused is released from custody but must adhere to these conditions to mitigate risks. If bail is refused, the accused remains in custody, which is considered a last resort by the courts. Bail can be granted at any stage from arrest through trial, sentencing, and appeals.