Bail Applications | Factsheet

Bail Applications | Factsheet

Criminal Procedure

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Our lawyers are experienced in bail applications and can provide guidance on the types of information and documentation that need to be provided to the court.

O’Brien Criminal and Civil Solicitors regularly present bail applications in the Local, District and Supreme courts in Sydney and throughout NSW.

What Is Bail and How Does it Work?

Bail is a process that allows someone under arrest and that prosecutors charged with a crime to gain release from custody while they await trial.

Applying for bail is a fundamental entitlement of any accused. Being remanded in custody awaiting a hearing or trial date, away from family and loved ones, increases the stress of any criminal court proceedings.

However, getting bail can be difficult. There have been high profile cases where accused persons have gotten bail, and the committed more heinous crimes. This fuels public desire to make bail less available to accused.

There are particular rules relating to the ability to apply for bail, regulations as to appropriate bail conditions, and laws about the jurisdiction where the application can be made. If bail has been refused by a Magistrate in the Local Court, a person may make an application to apply for bail in the Supreme Court.

At O’Brien Criminal and Civil Solicitors we pride ourselves on our ability to secure our clients bail in all courts. Our criminal defence lawyers attend police stations to urge custody managers to grant police bail, we attend weekend bail courts and appear to apply for bail in all jurisdictions including regular applications in the Supreme Court.

How to Address Mental Health Considerations in Your Bail Application

When applying for bail, it is important to address any mental health considerations in the application.

You can do this by:

  • providing medical reports and other relevant documentation that demonstrate the individual’s mental health condition
  • documents that show treatment/medication an individual is receiving
  • evidence of any support networks that the individual has in place. For example, family, friends, or community services that can provide assistance if they get bail

It is also important to note that the court must consider any potential risks to the community if the individual gets bail.

This includes:

  • the likelihood of the individual committing further offences
  • potential for them to harm themselves or others
  • any previous criminal history
  • any failures to comply with previous bail conditions

One of the court’s main concerns is the safety of the community. This is why it is important to provide evidence of any steps that can be necessary to mitigate any potential risks. This may include providing a surety (someone who will guarantee the individual’s bail) or agreeing to specific bail conditions such as electronic monitoring or curfews.

When addressing mental health considerations in bail applications, it is important to have the assistance of a lawyer with experience in handling bail and mental health cases.

Our lawyers have experience in bail applications. Further, we can provide guidance on the types of information and documentation that need to be provided to the court.

Mental health is an important consideration in bail applications. If you or a loved one needs bail and has a mental health condition, it’s important to address this in the application. Speak with one of our experienced bail lawyers to provide you with advice on your legal options.

How we Can Help

The legal system can be complex and overwhelming. Let us help you navigate it.

Contact us today to learn more about how we can help you.


O’Brien Criminal & Civil Solicitors
p: 02 9261 4281
a: Level 4, 219-223 Castlereagh St,
Sydney NSW 2000

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