Bail Refused? Here’s What Happens Next and How to Reapply in NSW
Being refused bail can be one of the most distressing outcomes in a criminal matter, for both the accused and their family. Whether it happened in Penrith Local Court, Parramatta or Blacktown, the reality is that once a magistrate or judge says “bail refused,” you’re taken into custody until your trial which could be months away.
But it doesn’t have to end there. At National Criminal Lawyers®, we’re experts in urgent and complex bail applications across Sydney, and we regularly help clients successfully reapply for bail, even after an initial refusal.
This blog explains:
- What happens immediately after bail is refused
- Your legal options under the Bail Act 2013 (NSW)
- How and when you can make a second bail application
- What the Supreme Court can offer if the Local Court won’t
- How we fight to give our clients the best shot at freedom
What Happens When Bail Is Refused?
If bail is refused by a Local Court magistrate, you are taken into custody immediately and remanded to a correctional centre, usually the same day. In regional areas, this may mean being sent to a nearby remand facility, while in metro areas it could be Silverwater, Parklea, or Wellington.
You’ll typically remain in custody:
- Until your trial or sentence date, or
- Until you make a successful reapplication for bail
Tip: Once refused bail, you cannot simply try again the next day. You’ll need grounds to justify why a second application should be heard.
Bail Act 2013 (NSW) – Key Law After Refusal
Under the Bail Act 2013 (NSW):
Section 74: If an accused person is refused bail, they can only make another application if they can satisfy one of these criteria:
- There is a change of circumstances;
- New material or information is available;
- They are a child (under 18 years);
- They were not legally represented the first time;
- The first bail application was made ex parte (without them present);
- The accused is making a Supreme Court bail application.
This means you usually can’t reapply in the same court unless something significant has changed.
How Long Do You Have to Wait to Reapply?
There’s no minimum waiting period, but without fresh grounds (like a change in circumstances), your application won’t be heard again in the Local Court.
That’s why it’s often strategic to go straight to a Supreme Court bail application after refusal in the Local or District Court.
What Is a Supreme Court Bail Application?
If bail is refused in the Local or District Court, you can apply for Supreme Court bail under section 67 of the Bail Act 2013.
This is a higher-level application and must be:
- Prepared in detail
- Supported by strong documentation (affidavits, character references, etc)
- Filed with the Supreme Court registry
- Heard by a Supreme Court judge in Sydney
Supreme Court bail hearings are complex and require experienced legal counsel. At National Criminal Lawyers®, we have successfully run many of these cases, including for clients charged with serious indictable offences such as:
- Sexual assault
- Aggravated break and enter
- Drug supply over large commercial quantity
- Firearms offences
- Murder and attempted murder
What Counts as a “Change in Circumstances”?
Courts require a material change, something that didn’t exist at the time of the original refusal.
Examples include:
- New medical evidence about the accused’s physical or mental health
- Unexpected delays in trial or police not serving a brief
- Breakdown in custody arrangements (e.g. exposure to danger)
- A new offer of secure accommodation
- Addition of strict bail conditions (e.g. daily reporting, curfew, surety)
In one recent matter, we successfully re-applied for bail after our client’s psychiatric condition deteriorated severely in custody, which was not apparent at the first hearing.
Bail Refused for a Serious Charge — Is It Worth Reapplying?
Absolutely, especially for offences where delay can prejudice the accused’s case or where the strength of the prosecution case is weak.
Common serious charges where bail refusal is common but not always final include:
- Drug possession or supply charges in Penrith
- Domestic violence charges with breach of AVOs
- Assault occasioning actual bodily harm (AOABH)
- Sexual touching or sexual assault
- Prohibited weapons offences
Each of these may fall under the show cause category (s 16B), which places the burden on the defence to prove why detention is not justified. But that doesn’t mean bail is impossible, just that it requires strong submissions and tailored strategy.
How National Criminal Lawyers® Helps Clients After Bail Refusal
Here’s what we do immediately after bail is refused:
- Liaise with correctional centres to keep the client updated
- Begin preparing a new application (Local or Supreme)
- Gather new evidence (e.g. medical, housing, work guarantees)
- Negotiate with police about consent bail possibilities
- File urgent Supreme Court applications if needed
- Provide practical support to families, including prison visits, call schedules, and transport coordination
We also prepare detailed bail affidavits, ensure interpreters are available for non-English speakers, and provide realistic assessments of success.
Did You Know?
- In NSW, more than 30% of all bail applications in the Local Court are refused initially.
- But in the Supreme Court, around 40% of bail appeals are successful when well-prepared.
- Bail success often hinges on quality of preparation, not just the seriousness of the charge.
(Source: NSW Bureau of Crime Statistics and Research (BOCSAR), 2023)
Final Thoughts – Bail Isn’t Over Just Because You Were Refused
A bail refusal isn’t the end of the road. With the right legal strategy, strong documentation, and persistent advocacy, you may still be granted bail, even on serious charges.
At National Criminal Lawyers®, our experienced team of bail hearing criminal lawyers have helped countless clients across Penrith, Parramatta, Wollongong, Mt Druitt, and beyond get a second chance after an initial refusal.
📞 Call 1800 CRIM LAW now to speak to a trusted bail application lawyer near you. Or request an urgent callback for immediate help after a bail refusal.
Because one decision shouldn’t ruin your entire defence.
