Bail

When charged with a criminal offence, the police may arrest a person and place them in police custody. In order to be released into the community while awaiting their court date, a decision regarding bail will need to be made. Bail is a signed agreement to attend court to answer a charge for one or more offences and can also include a requirement to comply with set conditions.

Factors that will be considered when determining bail include the seriousness of the charges, any other criminal charges before the court, criminal history and whether there is a risk of a person committing further offences or not attending court.

If police do not grant a person bail at the police station, they are required to bring them before a Magistrate within a reasonable time where a bail decision will be made.

Bail conditions

Conditions can be ordered as part of a bail agreement. Conditions can include another person, called a surety or acceptable person, agreeing to deposit or forfeit money as a guarantee that a person will comply with their bail conditions and attend Court. Conditions can also include for a person to:

• Regularly report to the police
• Live at a certain address
• Not to contact, talk or go near certain people.

You can read more about bail on the Legal Aid website, click here.

More information

• Aboriginal Legal Service NSW/ACT

Related forms

• Application to be Acceptable Person (Security Agreement) (DOC, 55.5 KB)
• Application to be Acceptable Person (Character Acknowledgment)  (PDF, 35.4 KB) 
• Applications for Grant of Bail (release application)
• Application for Court to review bail (DOC, 40.5 KB)         
• Objection to Forfeiture Order (DOC, 51.5 KB) 
• Application to Set Aside Bail Forfeiture Order (DOC, 53.5 KB)           
• Forms for bail (Land as security), National Mortgage Form, Annexure A to Mortgage (PDF, 585.4 KB)
• Crown Solicitor's Verification of Identity (Australia Post) (PDF, 209.3 KB)