At Chidiac & Associates, we provide experienced representation for clients seeking bail throughout Sydney and New South Wales. We assist with initial bail applications, show cause matters, unacceptable risk assessments, section 74 applications and Supreme Court bail applications. Our approach is focused on presenting your circumstances clearly and advocating for the most appropriate outcome.

What is Bail?

Bail is the process by which a person charged with a criminal offence is released from custody while their matter proceeds through the courts.

A person granted bail is required to comply with any conditions imposed by the court or police. These conditions are designed to address concerns such as the person's risk of failing to appear, committing further offences or interfering with witnesses or evidence.

Bail is not a finding of guilt or innocence. It is a decision about whether a person should remain in custody or be released while their charges are determined.

Bail Applications

The first opportunity to seek release is through an initial bail application before a court, following bail being refused by police.

The court will consider the relevant factors under the Bail Act 2013 (NSW), including:

• the nature and seriousness of the alleged offences;
• the strength of the Prosecution case;
• the person's criminal history;
• the person's personal circumstances;
• their ties to the community;
• their likelihood of appearing at court;
• any risk of committing a further offence; and
• any risk of interfering with witnesses or evidence.

A well-prepared bail application should address the concerns relevant to the particular case and provide the court with confidence that any risks can be appropriately managed.

Show Cause Requirements

For certain serious offences, the court must first consider whether the accused person has shown cause as to why their detention in custody is not justified.

This is known as the show cause requirement under the Bail Act 2013 (NSW).

Where show cause applies, the accused person must present reasons why they should not remain in custody. The court considers the particular circumstances of the case, including the seriousness of the alleged offending, the person's history and other relevant factors.

Successfully addressing show cause requires careful preparation and persuasive submissions.

Unacceptable Risk Assessment

If the show cause requirement is satisfied (or does not apply), the court must then determine whether there is any unacceptable risk associated with releasing the accused person on bail.

The court considers whether there is an unacceptable risk that the person may:

• fail to appear in court;
• commit a serious offence while on bail;
• endanger the safety of individuals or the community; or
• interfere with witnesses or evidence.

If the court determines that the risk can be managed through bail conditions, the person may be released.

Appropriate bail conditions may include requirements relating to:

• reporting to police;
• residing at a particular address;
• avoiding certain people or places;
• surrendering a passport; or
• complying with treatment or supervision arrangements.

Section 74 Bail Applications

Where a person has previously been refused bail, they may be able to make a further application under section 74 of the Bail Act 2013 (NSW).

A section 74 application may be available where there has been:

• a change in circumstances;
• new information or evidence;
• a material change in the person's position; or
• another reason that justifies a further application being considered.

A successful section 74 application requires careful identification of what has changed since the previous bail decision and why the new circumstances justify reconsideration.

Supreme Court Bail Applications

In serious matters, or where bail has been refused in the Local Court or District Court, an application may need to be made to the Supreme Court of New South Wales.

Supreme Court bail applications require detailed preparation, comprehensive written material and persuasive advocacy. The Court will carefully examine the circumstances of the accused person, the allegations, the risks identified and the proposed plan for release.

At Chidiac & Associates, we provide experienced representation in Supreme Court bail applications, ensuring that all relevant material is properly prepared and presented.

How We Can Help With Your Bail Application

Bail applications require more than simply asking the court for release. They require a clear understanding of the law, preparation of supporting material and persuasive submissions addressing the concerns of the decision-maker.

We can assist with:

• initial bail applications;
• police bail matters;
• Local Court bail applications;
• show cause applications;
• unacceptable risk assessments;
• section 74 applications;
• Supreme Court bail applications;
• preparation of supporting material; and
• negotiations regarding appropriate bail conditions.

Our approach is built on thorough preparation, strategic advice and strong courtroom advocacy.