Bail After a Finding of Guilt (NSW)

In New South Wales, decisions about bail are governed by the Bail Act 1913. Bail may be granted at any stage in a criminal proceeding before sentence. A person may apply for bail when they first come to court, or they may apply at a later stage. This page deals with applications for bail after a finding of guilt.

Adjournments after findings of guilt

When a person is found guilty of an offence, the court may adjourn the matter to a future date. Under section 11 of the Crimes (Sentencing Procedure) Act, this may occur for a number of reasons, including to assess the person’s prospects of rehabilitation, to assess their suitability for a program or for any other purpose.  

Where non-custodial sentence will be imposed

If a person has been found guilty of an offence and the court has indicated that it is not going to impose a term of imprisonment, bail may be granted where this is appropriate. A person is this situation may be granted bail with a condition that they take part in in intervention, treatment or rehabilitation program.

Where custodial sentence will be imposed

Under section 22B of the Bail Act 1913, where a person has been found guilty of an offence and will be sentenced to actual imprisonment, a court must not grant bail unless satisfied that there are special or exceptional circumstances.

This provision was introduced to the Bail Act 1913 in 2022 in order to limit the situations where bail will be granted after a conviction in serious matters.

Why apply for bail after conviction?

Bail after a person had been found guilty can be an opportunity to take steps to address the underlying causes of the offending. If steps toward rehabilitation are successfully taken, this may persuade the court to deal with the accused more leniently than it would have otherwise. For example, if a rehabilitative program has been completed to address factors that were a major cause of the offending behaviour, this may allow the court to impose a lesser sentence, taking into account the fact that the defendant has taken responsibility for their problems.

However, due to the existence of section 22B of the Bail Act 1913, courts can no longer grant bail to a person who is likely to be sentenced to imprisonment in order to allow them to pursue rehabilitative programs. In these types of matters, bail will only be considered in cases where the defendant’s circumstances are truly exceptional.  

Deciding whether to apply for bail

If a person has been found guilty of an offence that they are not going to be imprisoned for, it may be appropriate to seek bail to pursue rehabilitative options if there were underlying problems that let to the offending and could be addressed. In other cases, it may not be suitable or relevant to pursue these options.

It is important to talk to your lawyer about whether a bail application at a late stage in a criminal proceeding is advisable.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.