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If Police Refuse You Bail in NSW: What Are Your Next Steps?

BySydney Criminal Lawyers

At National Criminal Lawyers®, we are often contacted by families late at night or early in the morning with the same urgent question: “The police have refused my partner/friend/child bail… what happens now?”

The answer lies in the Bail Act 2013 (NSW), which sets out strict procedures that police and courts must follow when bail is refused. Knowing your rights and the steps that follow is crucial. If you’re searching for bail lawyer Sydney, criminal defence lawyer near me, or help with bail NSW, this guide explains exactly what happens next.

1. Police Powers to Grant Bail

When you’re arrested and charged, police at the station can either:

If police refuse, they must follow strict duties under the law.

2. Legal Duty After Police Refusal

Under section 46 of the Bail Act 2013 (NSW), if bail is refused, police must ensure the accused is brought before a court or an authorised justice “as soon as practicable” to be dealt with according to law.

In practice:

  • Adults are usually brought before the Local Court the next morning (or the same day if during sitting hours).
    Children are brought before the Children’s Court.

Police cannot simply hold someone indefinitely once bail is refused.

3. Applying for Bail at the Local Court

Your first opportunity after police refusal is an application to the Local Court.

  • This is usually listed within 24 hours.
    A magistrate considers your bail application under the unacceptable risk test (s 19 Bail Act).
  • If your charge is a “show cause” offence (s 16B Bail Act), you must first prove why your detention is not justified. Examples include serious drug supply, firearms offences, or offences while already on bail.

If bail is granted, you will be released upon signing a bail acknowledgment (s 33 Bail Act). If it’s refused, you remain in custody.

4. What If the Local Court Refuses Bail?

If the magistrate refuses bail, you are not out of options. You can:

  • Apply to the Supreme Court: For serious matters, the Supreme Court regularly hears bail applications (s 61 Bail Act).
  • Make a “fresh” application: Under s 74 Bail Act, you cannot keep making the same bail application to the same court unless:

    • New information arises;
    • Circumstances change; or
    • You are unrepresented on the first application.
  • Appeal to the District Court: For indictable offences, you can take your application higher.

This is where having an experienced bail lawyer in Sydney becomes critical, as higher court bail applications require strong preparation and evidence.

5. Preparing for a Successful Bail Application

Courts assess a number of factors under s 18 Bail Act, including:

  • The seriousness of the offence and strength of the prosecution case.
  • The likelihood of appearing at future court dates.
  • The risk of further offending or endangering the community.
  • Your personal circumstances: work, family, health, housing stability.

A skilled bail lawyer will gather material such as:

  • Sureties (family or friends willing to guarantee your attendance).
  • Character references.
  • Employment or education evidence.
  • Rehabilitation reports (drug/alcohol treatment, counselling).

6. Rights While in Custody

If you are refused bail by police:

  • You have the right to contact a lawyer (LEPRA, s 123).
  • You have the right to inform a friend, relative, or guardian of your situation.
  • You have the right to access an interpreter if needed.

Legal Aid NSW provides duty lawyers who can represent you at your first bail hearing if you don’t already have a solicitor. However, many people choose private firms like National Criminal Lawyers® to ensure their case is presented with maximum preparation and urgency.

7. Hypothetical Scenarios (based on our expertise)

Example 1: Police Refusal for Mid-Range PCA

A first-time offender charged with mid-range drink driving is refused bail overnight. The next morning, their lawyer applies in the Local Court, presenting stable employment and family ties. Bail is granted on conditions (no alcohol, attend court dates).

Example 2: Show Cause Drug Supply

A person charged with commercial drug supply is refused bail. At the Local Court, bail is denied because it is a show cause offence and they cannot demonstrate exceptional circumstances. Their lawyer files a Supreme Court bail application, supported by rehab placement and family sureties. Bail is later granted.

Example 3: Repeat Bail Refusal

An accused has already been refused bail in the Local Court. A second application would only be allowed if new information arises (e.g., lengthy delays in trial, deteriorating health, or a surety becoming available).

8. Risks of Staying in Custody

If you cannot secure bail:

  • You will remain on remand until your matter is finalised (which may be months or years for serious matters).
  • Time in custody can create pressure to plead guilty, even for those with a defence.
  • Bail refusal disproportionately affects vulnerable groups, including Indigenous Australians and young people, as noted in multiple Judicial Commission reports.

9. Why Having a Bail Lawyer Matters

Bail applications are among the most urgent and complex areas of criminal law. At National Criminal Lawyers®, we:

  • Appear in the Local, District, and Supreme Court for urgent bail hearings.
  • Prepare thorough bail plans to show the court risks can be managed.
  • Seek non-conviction outcomes (s 10 orders) or favourable sentencing options if bail is linked to plea negotiations.

Contact us

If the police have refused you or a loved one bail, every hour counts. Being unrepresented at your first bail application can have devastating consequences.

📞 Call 1800 CRIM LAW today to speak with our expert bail lawyers in Sydney. At National Criminal Lawyers®, we are available to act urgently, prepare strong bail applications, and fight for your immediate release.

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