Question 1

What is bail?

Accepted Answer

Bail is the release of a person who has been charged with an offence, on conditions, while their matter is still before the courts. It allows a person to remain in the community pending the determination of proceedings, consistent with the presumption that a person who has been charged has not been found guilty.

Question 2

Will I get bail?

Accepted Answer

It depends on an individualised assessment of risk. The court considers whether there is an unacceptable risk that, if released, the accused would fail to appear, commit a serious offence, endanger safety, or interfere with witnesses or evidence — and whether any such risk can be managed by conditions. Because the assessment turns on individual circumstances, outcomes vary from case to case.

Question 3

What is a show cause offence?

Accepted Answer

For certain offences, ss 16A–16B of the Bail Act 2013 (NSW) require the accused to first show cause why their continued detention is not justified. It is a threshold step, not a presumption of guilt, and it does not make bail impossible. Showing cause is not divorced from the merits — matters including the strength of the prosecution case can bear on it. Once cause is shown, the court still applies the unacceptable-risk assessment.

Question 4

What must bail conditions satisfy?

Accepted Answer

Under s 20A of the Bail Act 2013 (NSW), a bail condition may be imposed only if it is reasonably necessary to address a bail concern. A condition must be proportionate to the offence, appropriate to the concern it addresses, no more onerous than necessary, reasonably practicable for the accused to comply with, and one there are reasonable grounds to believe is likely to be complied with.

Question 5

Is there a limit on making further bail applications?

Accepted Answer

Yes. Section 74 of the Bail Act 2013 (NSW) restricts when a court will hear a further release or detention application after an earlier bail decision. A further application is generally entertained only in defined circumstances, such as where the person was not legally represented previously, where fresh information or a relevant change in circumstances arises, or in other situations the section allows.

Question 6

What is unacceptable risk?

Accepted Answer

Unacceptable risk is the central question in every bail decision. The court asks whether there is an unacceptable risk that the accused, if released, would fail to appear, commit a serious offence, endanger the safety of victims or the community, or interfere with witnesses or evidence. The question is not whether some risk exists, but whether any risk is unacceptable having regard to whether conditions could reduce it.

Question 7

What conditions may be imposed?

Accepted Answer

Conditions are directed at managing identified risks. They commonly include residence conditions, reporting to police, non-association and non-contact conditions, geographic restrictions, curfews, sureties and security requirements. In domestic violence matters, conditions frequently require the accused to live away from, and not to contact or approach, the protected person.

Question 8

Can I live with the complainant?

Accepted Answer

Often not. In domestic violence matters, bail conditions — and any accompanying ADVO — commonly require the accused to reside away from the protected person and not to contact or approach them. Whether any contact or shared residence is permissible depends entirely on the specific terms of the conditions and the order, which must be read carefully and complied with.

Question 9

How do ADVOs affect bail?

Accepted Answer

An ADVO and bail are separate but frequently operate together. When a domestic violence charge is laid, an interim ADVO is often made alongside the bail decision, and its conditions run in parallel with any bail conditions. Because both commonly restrict contact and proximity, their requirements often overlap, and each is enforced separately.

Question 10

What happens if bail is refused?

Accepted Answer

If bail is refused, the accused is remanded in custody pending the next stage of the matter. A refusal is not necessarily the end of the question — depending on the circumstances, a bail review or a release application, including to the Supreme Court, may be available.

Question 11

Can I apply again?

Accepted Answer

In defined circumstances, yes. The law provides pathways for the question of bail to be reconsidered, including bail reviews and release applications. Whether a further application is available depends on the circumstances, such as a change in circumstances or the emergence of new information.

Question 12

Can the Supreme Court grant bail?

Accepted Answer

Yes. A release application may be made to the Supreme Court, which considers the question of bail afresh according to its own principles and procedures. It applies the same statutory framework — bail concerns, the unacceptable risk test, and, where relevant, show cause — to the circumstances before it.

Question 13

What evidence assists a bail application?

Accepted Answer

Material directed at the assessment of risk assists the court — for example, character material, evidence of employment and stable accommodation, family or community support, an acceptable surety, and a considered set of proposed conditions. Such material allows the court to assess risk accurately and to consider whether conditions can manage it.

Question 14

Are bail decisions permanent?

Accepted Answer

No. Bail decisions are not intended to be immovable. Circumstances can change and new information can emerge, and the law provides for reviews and further applications. A single decision does not necessarily determine the question of bail for the entire life of a matter.

Bail in Domestic Violence Matters

How Bail Is Decided

The Unacceptable Risk Test

Show Cause Offences

Bail Conditions

Interaction With ADVOs

Sureties & Security

Applications and Further Applications

How We Prepare a Bail Application

Frequently Asked Questions

Sources & further reading

A Guided Path Through Our Domestic Violence Resources

New to domestic violence proceedings?

Involved in ADVO proceedings?

Preparing for a hearing?

Considering an appeal?

Related Authority Resources

Domestic Violence Defence Hub

Domestic Violence Defence Lawyers NSW

Core Defence Frameworks

Core Defence Domestic Violence Method™

Core Defence Credibility Assessment Framework™

Core Defence Evidence Evaluation Framework™

ADVO Resource Centre

False Allegations Resource Centre

Defended Hearings Resource Centre

Domestic Violence Appeals Resource Centre

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