Bail Application Lawyers in Ashfield
Advice and representation on police bail, court bail applications and variations of bail conditions in New South Wales, from our Ashfield office.
Bail is the authority to be at liberty while a criminal charge is pending. A refusal of bail, or strict conditions, can affect work, family and housing immediately. If you or a family member has been charged, refused bail, or given conditions that cannot practically be met, get advice as soon as you can.
Monardo Legal assists clients across Sydney’s Inner West and New South Wales from our only office at Unit 1 / 534 Parramatta Road, Ashfield NSW 2131. Our published office hours are Monday to Friday, 9:00 am–5:00 pm. This page is general information, not legal advice about a particular application, and we do not promise that bail will be granted.
Police bail and court bail
After a person is charged, police may grant bail, refuse bail, or release the person on another basis permitted by law. If police grant bail, it is usually subject to conditions — for example, to live at a stated address, report to a police station, not contact certain people, or surrender a passport.
If police refuse bail, the person is generally brought before a court, often the Local Court, so that a bail decision can be made. An application can also be made to vary conditions, or to apply for bail if circumstances change. Bail in New South Wales is governed by the Bail Act 2013 (NSW).
Have as much information as you can when you call: the person’s name, the court and next date if known, the charge as it has been described, whether they are in custody and where, and any conditions already imposed.
Show cause and unacceptable risk
For some offences the Bail Act requires the court to refuse bail unless the accused person shows cause why their detention is not justified. These are often more serious charges. Whether a particular offence is a show-cause offence depends on the legislation, and should be confirmed by a solicitor looking at the actual charge.
In every bail application the court also considers whether there is an unacceptable risk that the person, if released, would:
- fail to appear
- commit a serious offence
- endanger the safety of victims, individuals or the community, or
- interfere with witnesses or evidence
The court looks at the alleged facts, the person’s ties to the community, any criminal record or history of failing to appear, the likely time until the matter is heard, and conditions that might reduce a risk. Conditions are not a formality. The court has to be satisfied that the proposed arrangements are workable.
We do not tell clients that bail is likely, or that a particular condition will be accepted, until we have enough information to give advice about that application.
Conditions, compliance and further applications
If bail is granted, the person must comply with every condition. A failure to appear, or an alleged breach of a condition, can lead to arrest and a further bail decision. If a condition cannot be met — for example an address is no longer available, or a reporting time conflicts with work that was not known at the first listing — get advice before the condition is breached. It may be possible to apply to vary the condition.
Bail decisions can, in some circumstances, be revisited if there is a change in circumstances or fresh information. There are also limited avenues for further applications, including in some cases to a higher court. Time, listing practice and the history of earlier applications all matter. A solicitor can tell you what is realistically open.
How we can help
- Advice if police have asked questions, indicated that a person will be charged, or already refused bail
- Advice on the information the court is likely to need, including a proposed address, surety or support arrangements where they are relevant
- Appearance on a bail application or a variation application in the Local Court, including at Burwood Local Court and the Downing Centre when a matter is listed there, and in other NSW courts as the listing requires
- Advice on related criminal charges, AVOs and traffic or licence issues that may sit alongside the bail decision
If the person is in custody, tell us that at the start of the call. We will explain what we can do, and when, based on the court, the listing and our office hours. We do not advertise an after-hours service on this page.
Lawyers who can assist
Frequently asked questions
What if police have already refused bail?
The person will usually be brought before a court for a bail decision. Call us on (02) 8006 5244 with the court, the charge if you know it, and where the person is being held. We can discuss a court bail application. We do not promise that bail will be granted.
What does “show cause” mean?
For some charges the court must refuse bail unless the accused person shows cause why detention is not justified. Whether that test applies depends on the offence. A solicitor needs to see the actual charge before advising you.
Can bail conditions be changed?
Sometimes. If circumstances change, or a condition cannot practically be met, it may be possible to apply to the court to vary the conditions. Get advice before a condition is breached.
Do you attend court after hours or on weekends?
Our published office hours are Monday to Friday, 9:00 am–5:00 pm. Call (02) 8006 5244 and tell us if the matter is urgent and someone is in custody. We will explain what we can do. This page does not offer a 24-hour service.
Which court will the bail application be in?
That depends on where the person is charged and where they are in custody. Many Inner West matters are dealt with at Burwood Local Court or the Downing Centre, but the court can be different. Tell us whatever is on the paperwork, or what police have said.
Discuss a bail matter
Call Monardo Legal on (02) 8006 5244, email info@monardolegal.com.au, or request a consultation. Office hours are Monday to Friday, 9:00 am–5:00 pm.
Website information is general information, not legal advice about your particular matter. We do not promise that bail will be granted.