Multiple Bail Applications in New South Wales

The term bail is an accused’s right to be in the community subject to conditional liberty whilst their criminal charges are ongoing. A police officer, named the Custody Manager, has the discretion to grant bail at the police station. If the Custody Manager refuses to grant bail, an accused person has the right to apply for bail before a Magistrate in the Local Court. The relevant test when making a bail determination is “unacceptable risk”.

What happens if someone is refused bail in the Local Court?

If the Magistrate refuses a person bail, they will remain in custody on remand until the matter is finalised either by way of a sentence or hearing. This effectively means that a person can be on remand for a significant period of time awaiting a hearing or trial date. We often receive the question from clients and their family members: “Can you apply for bail twice?”

The Courts generally cannot hear a second bail application after an accused has been refused bail. However, there are a number of exceptions contained in section 74 of the Bail Act 2013 (NSW). A person may make a second bail application if:

• They were not legally represented on the occasion of their first application and now they are, or
• Fresh material information relevant to the grant of bail is to be presented, or
• Circumstances relevant to the grant of bail have changed, or
• The person is a child, and the previous application was made on a first appearance for the offence.

If a second bail application is made, it is treated as an entirely new application so even a change in proposed conditions such as a different residential address or medical material (such as a psychologist report presented to the Court) could result in a very different outcome. 

Supreme Court Bail

If a person is refused bail in the Local Court, they can also apply for bail in the Supreme Court of New South before a Judge. The Practice Note contains strict requirements about the filling and service of material for a Supreme Court Bail Application. This will typically involve written submissions, proposed bail conditions, affidavits in support and psychologist/medical material. Only after this material has been filed and served will the matter be listed for a Callover date and on this date, you will be able to obtain a hearing date for the bail application. It is for this reason that you can expect a lengthy wait for the application to be listed and heard.

Bail Applications After a Conviction

Courts may grant bail to a person after they have been convicted of or pleaded guilty to an offence, but before they have been sentenced. However, under section 22B of the Bail Act 2013 (NSW), if a person has been convicted of or pleaded guilty to an offence and is going to be sentenced to a term of actual imprisonment, the court may grant them bail or extend their bail only if there are special and exceptional circumstances. In all other cases, bail must be refused (if the person is in custody) or revoked (if they are on bail) after they have been found guilty, if a term of full-time imprisonment will be imposed.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.