Insights Into the Bail Process in Sydney, Australia


So, you’re probably wondering how to apply for bail and if you can avail yourself of being held in prison. Well, you’re on the right page. This article is all about bail and custody. Read on to find answers to your queries regarding the bail process in Sydney.

Bail is always a tricky subject as there are many misconceptions about the process, conditions, and costs. We, criminal solicitors in Sydney, have shared some valuable insights on the bail application processes to help you make informed decisions when you’re charged with a criminal offence in Sydney, Australia.

Before diving into the process, you should know some basics about bail and its purpose.

What Is Bail?

Bail is a release of someone held in custody for a serious offence or crime but pending a trial until the criminal charges are finalised in the court. Usually, when a person is charged with an offence, they will be arrested and taken to custody. The bail will allow an individual to be released from jail; however, the case and the charges won’t be dismissed. The person is free to be in their community with certain conditions and limitations.

How Does Bail Work?

Once the individual is released on bail, they should follow the terms and conditions, such as reporting to the police station daily and residing at the same address until the case is finalised in the court. Also, in some cases, a third-party surety, a friend or relative, might need to ensure you will follow the conditions and also require to deposit a certain amount of money to the court on your behalf.

Who Will Grant Bail?

Once you are arrested, police will decide whether to let you go or not. However, if the police don’t want to let the arrested individual on bail, the person will be brought to the court to request bail.

Can Bail Be Granted for Any Offence?

No! A show-cause offence is a heavy burden that will require a person to demonstrate why they should be granted bail. According to the Criminal Law, the bail will be refused unless the cause for bail to be granted is shown. It’s not that the bail will not be granted. But, this type of serious offence makes it less likely.

Can All Accused Persons Get Bail?

No! It depends on the criminal charges and offences. Some accused individuals will be refused to avail bail; therefore, they should remain in custody until the court finalise their case. In such cases, the assistance of criminal lawyers in Sydney is invaluable. A criminal lawyer can help you get bail for the right reasons, which you might not be aware of. If the accused person has some valid reasons why they shouldn’t be remanded and released, the chances are likely that they will get bail.

What Will Happen if the Bail Conditions Are Breached?

Failing to follow the bail conditions or appearing at the court on a particular date and time will lead to serious charges like a breach warrant for your arrest. It’s also likely that the person will be charged with the offence of breach of bail that can result in a potential term of imprisonment.

For further queries on bail, please speak to experienced criminal lawyers from criminal law firms in Sydney.

The author is one of the criminal lawyers in Sydney. Along with his team of professionals, he helps clients effectively navigate the legal system and achieve the best possible outcome for their circumstances. Visit for more details.

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