Under the Bail Act 2013 (NSW), bail is permission to remain in the community while a charge is being dealt with. Depending on the circumstances, bail can be granted by police, a magistrate, or a judge. There are four possible outcomes under the Act: Release without bail Dispensing with bail requirements Granting bail, with or without conditions Refusing bail To be granted bail, you must show the court that your release does not present a risk to public safety or the case itself. For more serious allegations, you may also need to explain why detention is not justified. If that explanation is accepted, the court then considers general eligibility for bail. Our criminal lawyers regularly assist clients in Kiama with these applications.

What factors does the court consider when deciding whether to grant bail?

When deciding on bail, the court examines a number of factors, including: The nature and seriousness of the offence Any previous criminal record Ties to the community, such as employment or family The risk of fleeing or interfering with the legal process The strength of the evidence presented Likelihood of attending future court dates

Yes. Bail may be refused if the court believes releasing you poses a significant risk to the community or to the progress of the case. Common reasons include a history of failing to appear in court, concerns about reoffending, or the possibility of witness interference. Courts must balance these risks against the principle of liberty and will only deny bail where there is a clear and strong basis.

What are bail conditions?

Where bail is granted, it often comes with conditions to manage risk and maintain accountability. These may include: Regular check-ins with police Surrendering travel documents Avoiding certain individuals or places Complying with a curfew Abstaining from drugs or alcohol Attending every scheduled court appearance These requirements are set by the court to minimise risk and ensure the case is dealt with fairly while proceedings continue.

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Our Kiama practice covers a broad spectrum of criminal cases. These include traffic violations, drug offences, drink driving matters, theft, assault, fraud, and serious indictable charges such as homicide.

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We offer round-the-clock criminal law support in Kiama. Day or night, you can contact our criminal lawyers whenever urgent representation is required. Your first consultation is free.

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Our team is guided by a former police officer and senior police prosecutor. With extensive knowledge of police processes and court operations, we develop well-structured strategies for every matter we handle.

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We have represented clients in a wide range of criminal proceedings, frequently managing summary matters without relying on external barristers. This approach strengthens the quality of courtroom advocacy while keeping costs more manageable.

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If you are facing criminal charges and need to apply for bail, our lawyers assist clients in Kiama and the surrounding areas by preparing detailed, well-supported applications. We guide you through the process, explain court requirements, and present your case in a way that improves your chances of release.

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How Can Our Kiama Criminal Lawyers Help?

When charged with an offence in Kiama, you may be eligible to apply for bail. However, lodging an application without proper preparation carries significant risk. If bail is refused, another application can usually only be made in limited situations, such as when there is a substantial change in circumstances.

This is why preparing the first application thoroughly is so important. Our team has extensive experience handling bail matters throughout New South Wales. We understand what courts take into account and how to present your individual situation effectively. By addressing the requirements and structuring your application carefully, we aim to maximise your opportunity for release.

Frequently Asked Questions

How do I get bail?
Under the Bail Act 2013 (NSW), bail is permission to remain in the community while a charge is being dealt with. Depending on the circumstances, bail can be granted by police, a magistrate, or a judge.

There are four possible outcomes under the Act:
- Release without bail
- Dispensing with bail requirements
- Granting bail, with or without conditions
- Refusing bail
To be granted bail, you must show the court that your release does not present a risk to public safety or the case itself. For more serious allegations, you may also need to explain why detention is not justified. If that explanation is accepted, the court then considers general eligibility for bail. Our criminal lawyers regularly assist clients in Kiama with these applications.
What factors does the court consider when deciding whether to grant bail?
When deciding on bail, the court examines a number of factors, including:
- The nature and seriousness of the offence
- Any previous criminal record
- Ties to the community, such as employment or family
- The risk of fleeing or interfering with the legal process
- The strength of the evidence presented
- Likelihood of attending future court dates
Can bail be denied?

Yes. Bail may be refused if the court believes releasing you poses a significant risk to the community or to the progress of the case. Common reasons include a history of failing to appear in court, concerns about reoffending, or the possibility of witness interference. Courts must balance these risks against the principle of liberty and will only deny bail where there is a clear and strong basis.
What are bail conditions?
Where bail is granted, it often comes with conditions to manage risk and maintain accountability. These may include:
- Regular check-ins with police
- Surrendering travel documents
- Avoiding certain individuals or places
- Complying with a curfew
- Abstaining from drugs or alcohol
- Attending every scheduled court appearance
These requirements are set by the court to minimise risk and ensure the case is dealt with fairly while proceedings continue.

Led by a former NSW police officer and senior police prosecutor, our team is available around the clock to assist with your bail application. Call 0410 593 059 anytime, day or night.

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If you would like to discuss your case with our criminal team, please get in touch. We are available 24/7 to help you and offer a free initial consultation.

Call 0410 593 059

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