There are several factors considered by the Court in a bail application. They are as follows:

Is the offence a ‘Right to release’ offence?

A fine only offence, a summary offence or an offence under the Young Offenders Act 1997 is a ‘Right to release offence’

Is the offence a ‘show cause’ offence?

A ‘show cause’ offence is an offence punishable by imprisonment for life, a serious indictable offence, a serious personal violence offence or an offence involving wounding or the inflication of grievous bodily harm. An indictable offence under Part 3 or 3A of the Crimes Act 1900 (NSW) or an offence under the Firearms Act 1996 that involves the use of a firearm. Section 16B of the Bail Act 2013 (NSW) enumerates the full list of ‘show cause offences’.

Are there any ‘unacceptable risk’ with the grant of the bail?

Section 19 Bail Act 2013(NSW) states that if there is a risk of any of the following, bail must be refused:  

1. Failure to appear at Court
2. Commit a serious offence
3. Endanger the safety of victims, individuals or the community
4. Interfere with witnesses or evidence

The unacceptable risk test will be determined by reviewing the alleged offence and the defendant’s criminal history and antecedents.

Are there any bail concerns?

Much like unacceptable risk, bail concerns refer to

1. failure to appear at Court,
2. Commit a serious offence
3. Endanger the safety of victims, individuals or the community
4. Interfere with witnesses or evidence.

Bail concerns fall short of unacceptable risks and can be ameliorated by imposition of bail conditions.

If bail concerns exist, can bail conditions be imposed?

Sections 25 – 30 of the Bail Act 2013 (NSW) deal with the type of bail conditions that can be imposed. They can include conduct requirements, security, character acknowledgements, accommodation,  requirements and enforcement conditions.