Urgent Bail Lawyer Sydney

If someone you care about has been arrested and refused bail, call our 24/7 urgent line now on 0410 600 230. A person refused police bail will usually be brought before a court for a bail hearing within hours, often the same day or the next morning, including on weekends and public holidays. Having an experienced bail lawyer prepared for that first hearing gives the best chance of release.

 

Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 30 October 2026.

 

Need help now? Call our 24/7 urgent line 0410 600 230 · Book a free consultation · Email info@invictuslegal.com.au

 

 

What to do right now if someone has been arrested

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• Call our 24/7 urgent line on 0410 600 230 and tell us the person's full name, date of birth and the police station where they are held.

• Tell the person, if you can speak to them, to give their name and address but otherwise to say nothing to police until they have spoken to a lawyer.

• Gather what supports release: a stable address, details of work or study, family responsibilities, any medical or mental health needs, and a person who may be willing to act as a surety or offer a security.

• Keep your phone on. Bail hearings move quickly, and we may need information or documents from you before the hearing starts.

 

 

How bail works in New South Wales

Bail in NSW is governed by the Bail Act 2013 (NSW). After a person is charged, a police officer of the rank of sergeant or above (or the officer in charge of the station) decides whether to release them without bail, grant bail or refuse bail (s 43). If police refuse bail, the person must be brought before a court as soon as practicable (s 46), and they can ask a senior police officer to review the decision (s 47).

 

At court, the key question is whether there is an unacceptable risk. The court assesses whether, if released, the person would fail to appear, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence (s 17). Bail must be refused if there is an unacceptable risk, taking into account the bail conditions that could be imposed; otherwise the person must be released (ss 19, 20). In making that assessment the court considers matters such as the person's background and community ties, criminal history, the nature and seriousness of the offence, the strength of the prosecution case and the length of time the person may spend in custody if refused (s 18).

 

Bail conditions must be reasonably necessary to address a bail concern, reasonable and proportionate to the offence, appropriate to the concern, and no more onerous than necessary (s 20A). Common conditions include reporting to police, residing at an address, a curfew, surrendering a passport, not contacting certain people, and providing a surety or security.

 

 

Show cause offences

For certain serious offences, bail must be refused unless the accused person shows cause why their detention is not justified (Bail Act 2013 (NSW) s 16A). Show cause offences include offences punishable by life imprisonment, serious personal violence and sexual offences, serious firearms offences, drug offences involving a commercial quantity, serious offences committed while on bail or parole, serious domestic violence offences against an intimate partner carrying a maximum of 14 years imprisonment or more, and the coercive control offence (s 16B). If the person shows cause, the court then applies the unacceptable risk test. The show cause requirement does not apply to a person who was under 18 at the time of the alleged offence.

 

Where bail is granted for a serious domestic violence offence against an intimate partner, the court must impose electronic monitoring unless there are sufficient reasons in the interests of justice not to (s 28B). These are among the most heavily contested bail applications, and careful preparation of a bail plan is essential.

 

 

Where will the bail hearing be?

Adults refused police bail are now commonly dealt with by the Local Court's Bail Division, a virtual court that hears bail matters by audio-visual link (AVL). On weekends, it deals with adult bail matters from across the State. The accused appears by AVL from custody, and lawyers, family and support people join remotely. Family members cannot attend in person, but may watch and support by video. Bail decisions at court are made by judges, not registrars. (Since 2026, Local Court magistrates have been known as Judges of the Local Court.)

 

Young people are dealt with separately through the Children's Court. If you are unsure where a matter will be heard, call us and we will find out.

 

 

Bail over Christmas, New Year and Public Holidays

Arrests do not stop over the holiday period, but the courts run on reduced arrangements. In the 2025–26 holiday period, normal Local Court sittings were suspended from 25 December 2025 to 12 January 2026. During that time, bail for adults in custody was determined by the Bail Division, and on weekends and public holidays only by the Bail Division, with all appearances by AVL. Young people's first appearance bail was heard by AVL at Parramatta Children's Court every day, including public holidays. The District Court entered its vacation on 19 December 2025, with a duty Judge hearing urgent matters by arrangement from 12 January 2026.

 

For 2026–27, the Local Court's fixed vacation starts on Monday 28 December 2026 and the Court resumes on Monday 11 January 2027. The courts publish the detailed bail arrangements for each holiday period in advance, and we update this page as soon as the 2026–27 bail arrangements are announced. Our urgent line, 0410 600 230, stays open 24/7 throughout Christmas, New Year and every public holiday, so we can prepare and appear in a holiday bail hearing without delay.

 

 

What happens if bail is refused: further applications and the Supreme Court

A refusal at the first hearing is not necessarily the end of the matter. A court that has refused bail after hearing a release application will hear another application only if there are grounds for it: the person was not legally represented at the earlier application and now is, there is material information that was not presented before, or the relevant circumstances have changed (Bail Act 2013 (NSW) s 74). Because the first application matters so much, it should be properly prepared from the start.

 

The Supreme Court can hear a release application where bail has been refused by another court, an authorised justice or a police officer (s 66). A Supreme Court bail application is often the best option after a refusal in the Local Court or District Court, particularly for serious charges. We prepare the application, the affidavit material and the proposed bail plan, and brief experienced Counsel where needed.

 

The prosecution can also apply to detain a person who has been granted bail (a detention application, s 50). In some serious matters a grant of bail can be stayed while the prosecution applies to the Supreme Court (s 40). We act to protect a grant of bail in those applications as well.

 

 

How our urgent bail lawyers prepare a strong application

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• Speaking with the accused person in custody as soon as possible, and advising them before any police interview.

• Building a bail plan that answers each bail concern: an address, sureties and securities, reporting, curfew, treatment or rehabilitation programs, and electronic monitoring where appropriate.

• Obtaining character references, employment letters, medical reports and accommodation evidence, often within hours.

• Testing the strength of the prosecution case on the facts sheet and police material.

• Making clear, persuasive submissions to the judge, in person or by AVL.

 

As expert criminal defence lawyers, we appear in the Local Courts at Downing Centre, Bankstown, Parramatta, Newtown, Burwood, Waverley, Manly, Liverpool and Campbelltown, the District Courts at Sydney, Parramatta, Campbelltown and Newcastle, and the Supreme Court in Sydney. Read more about bail, our criminal law services and our criminal defence lawyers Sydney page. For domestic violence matters, see our AVO lawyer Sydney page.

 

 

How much does a bail application cost?

We offer fixed fees for bail applications, so you know the cost from the start:

 

• Local Court or District Court bail application: from $3,300 incl. GST

• Supreme Court bail application: from $5,500 incl. GST

• Police station attendance: $660 incl. GST (Sydney) or $1,210 incl. GST (outside Sydney)

• Prison conferences: $990 to $1,980 incl. GST

 

Fixed fees are solicitor fees only and exclude Counsel fees and other disbursements, which are set out in your costs agreement. Every client receives a written costs agreement before we commence any work, as required under the Legal Profession Uniform Law (NSW).

 

Call our office on 02 8553 0500 or book online. For urgent matters, such as an arrest, a bail application or urgent injunctive relief, call our 24/7 urgent line on 0410 600 230.

 

This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.

 

Talk to a lawyer today. Call 0410 600 230 (24/7) or 02 8553 0500, book a free consultation, or email info@invictuslegal.com.au.

 

Frequently asked questions

How quickly can a bail application be made after an arrest?

If police refuse bail, the person must be brought before a court as soon as practicable. That is usually the same day or the next morning, including on weekends and public holidays. Call our 24/7 urgent line on 0410 600 230 straight away so we can prepare before the hearing.

 

Can I get bail on a weekend or public holiday in NSW?

Yes. Adult bail matters on weekends are heard by the Local Court's Bail Division by audio-visual link, and holiday arrangements are published each year. Our urgent line is open 24/7, including Christmas and New Year.

 

What is a show cause offence?

For certain serious offences, bail must be refused unless the accused shows cause why their detention is not justified (Bail Act 2013 (NSW) s 16A). These include offences punishable by life imprisonment, serious violence, sexual, firearms and commercial drug offences, serious domestic violence offences against an intimate partner, and offences committed while on bail or parole.

 

What happens if bail is refused?

A further application to the same court can be made only if there are grounds, such as new material information or a change in circumstances (s 74). An application can also be made to the Supreme Court (s 66).

 

How much does a bail lawyer cost?

Our fixed fee for a Local Court or District Court bail application is from $3,300 incl. GST, and for a Supreme Court bail application from $5,500 incl. GST, plus disbursements. Every client receives a written costs agreement before we commence any work.