Bail Conditions (NSW)

When a person applies for bail in New South Wales, the court may grant or refuse the application. A court will generally refuse bail if releasing the person involves unacceptable risks that cannot be mitigated by imposing bail conditions. This page deals with the bail conditions that may be imposed in New South Wales.

Legislation

Bail in New South Wales is governed by the Bail Act 1913.

Bail concerns

There are a number of reasons that a court may be reluctant to release an accused person on bail. These are that the accused is likely to commit a serious offence while on bail, that they are likely to fail to attend court when required to do so to answer the charges, that they are likely to endanger the safety or individuals or the general community, or that they are likely to interfere with witnesses or other evidence.  

These concerns are set out in section 17 of the Bail Act 1913.

Bail concerns are to be assessed based on the accused person’s background including their criminal history and history of violence (if any), the strength of the case against them, the strength of the prosecution case and the nature of the charges. The court will also consider whether the person has engaged in domestic abuse in the past, whether they have complied with orders in the past, whether they have previously committed a serious offence while and bail, and other factors.

Imposing bail conditions

Under section 20 of the Bail Act 1913, if a court has concerns about releasing a person on bail, it may impose conditions on their bail to alleviate those concerns if:

• the condition is reasonably necessary
• the condition is reasonable and proportionate to the offence
• the condition is an appropriate response to the bail concern
• the condition is no more onerous than necessary
• it is reasonably practical for the person to comply with the condition
• the condition is likely to be complied with.

Types of bail conditions

Bail conditions may require the accused person to do something or refrain from doing something. For example, it may require them to report to the local police at certain times or to abstain from alcohol.

Bail conditions may also require security to be provided by the accused person or another person. This is an amount of money that is forfeited if the accused person does not attend court.  

Security requirement

Under section 26 of the Bail Act 1913, where there are concerns that an accused person will fail to appear at court when required to do so, the court may require security to be paid. Security may be required to be paid by the accused person, or by another suitable person such as an employer or family member. If a person on bail fails to appear on bail without a valid reason, their security will generally be forfeited.

Conduct requirement

Bail conditions relating to conduct include conditions not to go to certain places, not to associate with certain people, to abide by a curfew, or to surrender your passport.

Character acknowledgement

Bail can require a character acknowledgement for the accused person. This means that another person gives an acknowledgement that they know the accused and regard them as a responsible person who is likely to comply with the terms of their bail.

Accommodation condition

In some circumstances, the terms of bail may require that accommodation be organised for the accused person before they are released. The situations where this condition may be imposed include where the accused is a child and where arrangements need to be made for the accused to attend a residential rehabilitation program.

Enforcement conditions

Bail can require a person to comply with enforcement conditions, which involve cooperating with police directions such as to submit to alcohol or drug testing.

Electronic monitoring

Bail conditions may require that the accused be subject to electronic monitoring. However, this condition may only be imposed if the electronic monitoring is of a standard that complies with the regulations.

Varying bail conditions

If a party to a criminal matter where the accused has been granted bail wants to change the person’s bail conditions, they can apply to the court for a bail variation. Bail will generally only be varied where circumstances have changed and there is a specific reason that the conditions originally imposed are no longer appropriate.

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