NSW Bail Laws just got tougher: what the 2024 – 2025 changes really mean

If you or someone you know has been charged with a serious offence in New South Wales lately, you’ve probably noticed one thing: getting bail isn’t as straightforward as it used to be.

Major amendments to the Bail Act 2013 that took effect from mid-2024 have dramatically tightened the rules. The NSW Government’s stated aim was to reduce re-offending while on bail, particularly for domestic violence, youth crime, and serious property and firearms matters. The result? Far more people are spending weeks, or months, in custody before their trial even begins.

The key changes at a glance

• Expanded “show cause” requirement: Now applies to a longer list of serious offences including aggravated break-and-enter, commercial drug supply, and certain firearms offences. The accused must positively prove why their detention is not justified.
• Heavier emphasis on “unacceptable risk”: Courts must give greater weight to criminal history, patterns of offending, and the need to protect the community and victims.
• Presumption against bail strengthened for repeat domestic violence offenders and high-risk youth matters.
• More use of electronic monitoring and strict conditions when bail is granted.

What this means in the real world

• First court appearances are now make-or-break. Magistrates expect comprehensive submissions, character references, employment letters, proof of drug or alcohol counselling, sureties, right from day one.
• Self-representation is riskier than ever. Missing the “show cause” argument or failing to address risk factors properly almost guarantees a trip to the cells.
• Appeals to the Supreme Court are on the rise, but they’re costly and stressful.

At Kells, we’re still successfully obtaining bail for clients every week by preparing targeted applications that directly address the new tests. Whether it’s a young tradie charged with aggravated B&E in Wollongong or a parent facing repeat AVO breaches in Western Sydney, early and skilled intervention is making the difference.

Don’t leave it to chance 

The law has changed, but your right to apply for bail, and to have an experienced lawyer fight for it, hasn’t.

Kells’ criminal law team is available 24/7. Call us now on 0410 593 059 or submit an online enquiry for urgent, confidential advice. In the new bail landscape, time and expertise matter more than ever. Contact Kells today.