Expert Bail Application Lawyers in Sydney

At Invictus Legal, we understand the critical importance of securing bail, particularly in complex criminal cases that may take substantial time to resolve. Being denied bail can result in extended periods in custody, significantly disrupting your personal and professional life. Our experienced bail application lawyers in Sydney have consistently achieved successful outcomes for clients, including in serious matters such as alleged sexual assault, murder, drug trafficking, and complex fraud offences.

Understanding Bail in NSW

When arrested and charged with an offence in New South Wales, you will either be detained in custody or released on bail. Bail allows you to remain in the community while your matter progresses through the courts, subject to specific conditions under the Bail Act 2013 (NSW).

Once released on bail, you must adhere to certain conditions, such as:

• Residing at a specified address

• Reporting regularly to a police station

• Complying with curfew requirements (if applicable)

In some cases, a third party (known as a "surety") may be required to ensure your compliance with bail conditions. This person may also need to deposit funds with the court as security.

Failure to comply with bail conditions can result in a warrant for your arrest and forfeiture of any security provided.

Police Bail vs Court Bail

Police Bail

When charged by police, you should immediately request bail consideration. Depending on various factors, including the seriousness of the alleged offence, you may be granted "police bail" at the station, allowing your immediate release.

Court Bail

If police refuse bail, you will be brought before a Local Court where you can make a formal bail application before a magistrate under Section 18 of the Bail Act 2013 (NSW).

Early legal advice is crucial. Engaging Invictus Legal at the earliest opportunity ensures your bail application is comprehensively prepared and effectively presented to the court.

The NSW Bail Application Process

When determining whether to grant bail, courts in NSW must consider two primary issues under the Bail Act 2013 (NSW):

1. Show Cause Requirement

For certain serious offences, Section 16B of the Bail Act 2013 (NSW) creates a presumption against bail. These "show cause" offences require you to demonstrate why your detention is not justified.

Factors the court may consider include:

• Whether you have a serious medical condition requiring treatment

• Family care responsibilities

• The specific circumstances of the alleged offence

• The strength of the prosecution case

Show cause offences typically involve allegations of serious violence, sexual misconduct, firearms offences, or charges committed while already on bail or parole.

2. The Unacceptable Risk Test

If you successfully "show cause," the court must then assess under Section 19 of the Bail Act 2013 (NSW) whether there are any "bail concerns" that make you an unacceptable risk if released.

These concerns include whether you might:

• Commit further offences

• Endanger public safety

• Interfere with witnesses or evidence

• Fail to appear at future court dates

The court may impose specific conditions under Section 20A to address these concerns. These conditions must be reasonable, proportionate, and appropriate to the specific risk identified.

Bail Conditions in NSW

Under Section 20A of the Bail Act 2013 (NSW), bail conditions must be:

• Reasonably necessary

• Reasonable and proportionate to the alleged offence

• Appropriate to address specific concerns

• No more onerous than necessary

• Reasonably practical for you to comply with

• Likely to be followed

Common bail conditions include:

• Reporting to police

• Surrendering your passport

• Non-association requirements

• Residence conditions

• Curfews

• Surety requirements

Appealing Unsuccessful Bail Applications

If your initial bail application is unsuccessful, Invictus Legal can assist with:

1. Making a second application in the same Local Court by presenting new information not previously considered (Section 74 of the Bail Act 2013)

2. Lodging a bail application with the Supreme Court

The Supreme Court process requires meticulous preparation of documentation and compelling legal arguments. Invictus Legal's defence team has extensive experience navigating these complex procedures.

Why Choose Invictus Legal for Your Bail Application

Our dedicated bail application lawyers have:

• In-depth knowledge of the Bail Act 2013 (NSW) and relevant case law

• Extensive experience in all NSW courts

• A proven track record of securing bail in serious and complex cases

• Strategic approach to addressing bail concerns

• 24/7 availability for urgent bail matters

Contact Invictus Legal Today

Securing bail is a critical first step in your defence strategy. Our experienced Sydney bail application lawyers are available to provide immediate assistance and develop a comprehensive approach to your case.

Call Invictus Legal on 02 8553 0500 for 24/7 legal advice or complete our online form for a confidential consultation.

This information is general in nature and should not be relied upon as legal advice. Each bail application is unique and requires individual assessment by a qualified legal professional.