If someone you know has been refused bail by the police, or has to appear at Parramatta Bail Court on the weekend, contact Astor Legal for expert advice.
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Astor Legal’s team of specialist bail application lawyers have years of experience in making successful bail applications in even the most challenging of circumstances. This is reflected by:
We are available 24/7 by phone on (02) 7804 2823 or by email at info@astorlegal.com.au. It is not unusual for people to be arrested and charged outside of normal working hours. This is why our lawyers are on standby for urgent bail applications and weekend bail applications.
Being arrested can be a confronting experience, especially if you are unsure about what comes next. In many cases, applying for bail is the first step toward returning home while your case is settled.
Bail is a form of conditional liberty that allows you to remain in the community while court proceedings occur, which can take months or even years.
Once released on bail, you must comply with any bail conditions imposed by the police or the court. These may include residing at a particular address, reporting to a police station, or not contacting certain people.
In some cases, the court may even dispense with bail altogether. This means you will be released while proceedings take place without any conditions, although this is rare and only occurs when the court determines there is minimal risk involved.
Bail is governed in New South Wales by the Bail Act 2013 (NSW), which outlines the process, criteria and conditions for granting or refusing bail.
Being refused bail outside of business hours can be an incredibly stressful experience, especially if it happens late at night, on the weekend, or during a public holiday. In these situations, timing is critical. That is why Astor Legal offers immediate support for urgent bail applications across Sydney and NSW.
Urgent bail applications require swift preparation, deep knowledge of court procedures, and the ability to respond to rapidly changing circumstances. Our criminal defence team can prepare and argue a strong bail application on short notice, often within hours.
We understand that urgent cases do not wait, and neither do we. That is why our lawyers are available 24/7 to provide legal representation whenever you need it most.
The police can grant you bail after you are arrested, which is known as “police bail”. The police also have the authority to impose bail conditions.
If you are refused police bail, you must be brought before a court as soon as practicable. This includes weekend court sittings. On weekends and public holidays, bail hearings are usually heard at Parramatta Bail Court or Central Local Court.
If the police do not grant bail, you can apply for it in your local or district court. Your lawyer will be provided with the Police Fact Sheet and your criminal record, if applicable.
The seriousness of the charges, your personal background, and any ‘bail concerns’ will influence the likelihood of bail being granted.
Indictable offences and serious indictable offences, such as sexual offences or drug offences, are treated more seriously in bail applications and may involve more stringent requirements.
A well-prepared bail application by an experienced criminal lawyer, such as a member of the Astor Legal team, can significantly increase your chances.
The court must consider whether there are any “bail concerns” under Section 17 of the Bail Act 2013 (NSW), such as the likelihood of you:
If the court determines there are no bail concerns or that any concerns can be mitigated by bail conditions, then bail may be granted. If not, you may be refused bail on the grounds of being an “unacceptable risk.”
It is important to obtain legal advice to prepare a strong bail application and navigate the court process effectively.
The likelihood of bail being granted depends on:
“Show cause” offences (e.g. serious drug supply, some sexual assaults, domestic violence resulting in serious injury, and offences while already on bail or parole) require you to demonstrate why your detention is not justified.
If you cannot “show cause,” the court must refuse bail. However, even for show cause offences, bail can be granted if the case made for it is persuasive and supported by strong evidence (e.g. health issues, or a weak prosecution case).
If you have a court date coming up, good preparation can improve your chances of getting bail. A bail lawyer will help you collect key documents, such as medical records, references, or affidavits, and may also identify witnesses to support your case.
The court will look at your criminal record, personal background, and ties to the community, so it is important to present a clear and honest picture. Getting legal advice early can help you understand what to expect and make sure your application is as strong as possible
The bail hearing is a critical part of the process. The court listens to arguments from both the prosecution and defence before deciding whether to grant bail.
Your lawyer must convince the court that you do not pose an unacceptable risk and that any concerns can be managed through suitable bail conditions. The court may also consider the strength of the police case and your chances of conviction. If risks can be addressed, bail will usually be granted with appropriate conditions. Otherwise, you may be remanded in custody while your case proceeds.
If bail is refused in the Local Court, you may only reapply for bail in the same court under certain circumstances, such as:
If you do not have grounds to make a further bail application in the same court after bail is refused, you can apply to the Supreme Court. Supreme Courts handle more complex bail matters, and generally, a Supreme Court bail application hearing date will be listed approximately one month after it is filed.
These are more complex and should be handled by experienced lawyers. Preparation for a bail application in the Supreme Court of NSW may include:
For appeals bail, the Supreme Court will consider whether there is a reasonably arguable prospect of success before granting bail.
You can only make one application to the Supreme Court unless Section 74 of the Bail Act 2013 criteria are met.
If bail is granted, conditions of bail will be imposed at the same time. Some examples of common bail conditions include:
If you are unhappy with the conditions imposed, your lawyer can apply to the court to have them varied.
A surety is a person who agrees to forfeit a sum of money or property if you breach bail. The court must be satisfied that the surety is an “acceptable person”. That is, someone without recent criminal convictions, criminal associations, or recent or pending bankruptcy proceedings. Additionally, the surety must have known you for a reasonable time.
If you breach bail conditions, police can:
If your security deposit is forfeited due to a breach, the State Debt Recovery Office may take action to recover the amount from you or your surety.
If arrested, you may need to reapply for bail. A breach is a criminal offence if you fail to appear in court without a reasonable excuse.
If you are unable to meet your bail conditions, you must contact your lawyer immediately. They can either ask the court to vary the bail conditions or liaise with police so you are not penalised.
For instance, if you are too sick to report to a police station, you must get a medical certificate and have your lawyer send it to the police straight away. If you need to change your address and relocate, your lawyer will file a bail variation application with the court and notify the police.
Courts typically require at least 3 business days’ notice before hearing a variation application, unless the matter is urgent. This allows the prosecution time to assess whether the proposed changes raise any new bail concerns.
If all bail conditions have been followed, the surety can apply for a refund through the court registry.
If property was used as security, a legal restriction known as a caveat will need to be removed. This involves:
You can also ask the court to return some or all of the bail money before the case ends. This requires a bail variation and supporting documents, such as a letter from the surety and reasons for the request (e.g. financial hardship). The court is more likely to approve this if bail conditions have been met.
Astor Legal has a strong track record of securing bail in time-sensitive situations. Our experienced lawyers understand how to navigate urgent bail applications, communicate with police and courts, and respond strategically to challenging circumstances.
Backed by over 150 five-star reviews, multiple legal awards, and a proven record of successful bail outcomes, we’re trusted by clients when it matters most.
If it’s late at night, a weekend, or a public holiday, our team is always available to help. For expert legal advice and representation 24/7, call (02) 7804 2823 or email info@astorlegal.com.au.
Bail generally lasts until your court matter concludes. It will remain in effect unless revoked by a magistrate or breached by the accused.
To vary your bail conditions, you must apply to the court under Section 52 of the Bail Act 2013. In some cases, police may agree to the variation, allowing for quicker approval.
A bail review is a formal application to change the terms of your existing bail conditions. This may be done with police consent or by making an application directly to the court.
If you are released on bail, you will receive a court date for your next appearance. Your lawyer may be able to appear on your behalf at certain stages of the proceedings.
If you are arrested over the weekend and refused police bail, you must be brought before a court as soon as practicable. In New South Wales, weekend bail hearings are usually held at Parramatta Bail Court or Central Local Court, where you can apply for bail before a magistrate. Astor Legal is available to help with your application 24/7.
There is no fixed cost for bail. The court will determine the amount based on your financial situation, the seriousness of the offence, and whether a surety is required.
Local Court applications are usually listed within a few days, with bail hearings taking at least 30 minutes. Supreme Court bail applications take about four weeks to be listed and are generally heard in approximately one hour.
If you are arrested, remain calm and ask to speak to an experienced bail application lawyer as soon as possible. Do not resist arrest. Your lawyer can contact the police, review the charges, and begin preparing a bail application right away.
Our client was a 58 year old male target of a covert police operation over the Christmas/New Year period.
Police, operating under an assumed online identity, pretended to be a 14 year old child. Our client and the “child” engaged in detailed and explicit sexual conversations on several occasions and planned to meet.
After refusing to attend the meeting, our client was arrested by police from Sex Crimes and refused police bail after being charged with Using a Carriage Service to Procure Person Under 16 for sexual activity. It is strictly indictable and carries a maximum penalty of 15 years imprisonment.
Our client gave police an interview before getting legal advice. He made full admissions to taking part in the explicit sexual conversations.
Because he was refused police bail, our lawyer appeared for the client at bail court made an application for release. This application was opposed by police.
It was abundantly clear to our lawyer that any risk, despite the seriousness of the charge, could be reasonably mitigated by the imposition of bail conditions. The police prosecutor made submissions to the contrary however the Magistrate granted our client bail and he was able to be back with his family later that same day.
Recently Astor Legal appeared at Downing Centre Local Court in relation to a bail application.
Our client was charged with sexual intercourse without consent after a tinder date. Prior to police arresting him, our client flew to another jurisdiction to meet his sister.
Police were unable to locate him and released a statement to the media asking for public assistance in locating him. This was unsuccessful which led to them applying for and being granted an extradition warrant. He was arrested and brought to Sydney.
In preparation for the release application, we obtained documentation from our client’s sister who confirmed that he had pre-booked his flight. Further, upon finding out that police were searching for him, our client voluntarily contacted police.
We also arranged for our client to have a residential address in Sydney to reside at and abide by a curfew. He also surrendered his passport to police.
We appeared at Downing Centre Local Court and our lawyer for the bail application applied for his release.
We were successfully able to show cause why our client should be released, and proposed bail conditions that mitigated any unacceptable concerns.
In the result our client was granted bail.
A few days later we were able to vary our client’s bail to allow him to return to live with his sister while his case is proceeding through the court.
Last week Astor Legal appeared at Liverpool Local Court in relation to a bail application.
Our client had initially been charged with Assault Occasioning Actual Bodily Harm and Intimidation. He was granted bail by police. Shortly afterwards he was charged with contravene AVO.
A few weeks later he was charged with another breach AVO offence and promptly bail refused.
His previous legal representatives made a bail application which was refused. His family then came to us desperate for him to be released.
Our criminal lawyers in Liverpool advised them that we would need to obtain evidence to get over the hurdle of Section 74 of the Bail Act 2013. This involves establishing that either:
“(a) the person was not legally represented when the previous application was dealt with and the person now has legal representation, or
(b) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or
(c) circumstances relevant to the grant of bail have changed since the previous application was made, or
(d) the person is a child and the previous application was made on a first appearance for the offence.”
We were able to obtain an affidavit from our client’s wife which set out that she resided in India and required our client to be free. We also obtained medical documents which set out that our client’s mother was ill and required him to take care of her.
We appeared at Liverpool Local Court and made an urgent bail application on his behalf.
We were successfully able to show cause why our client should be released, and proposed bail conditions that mitigated any unacceptable concerns.
In the result our client was released on bail that day and his family were overjoyed.
Last week Astor Legal appeared at Fairfield Local Court in relation to a detention application.
Our client was on a 2 year Intensive Corrections Order (ICO) for a number of serious drug charges and property offences.
When he was 3 months into the order he was charged with further drug offences. At that time, we had appeared at Central Local Court and made a successful bail application. His bail conditions included a residence condition and that he not consume any prohibited drugs.
Unfortunately, during lockdown he had struggled with mental health problems and resorted to drug use. Police stopped him after surveillance noticed him leaving a known drug premises. He was searched and police found prohibited drugs as well as identification documents on his person.
He was charged with these matters and as well as a breach of a public health order for leaving a locked down LGA without a reasonable excuse.
His family contacted us and we began preparing to oppose the detention application which was listed the next day.
We appeared at Fairfield Local Court and made detailed submissions in support of our client being released.
We tendered psychological and medical material setting out that our client would not receive adequate treatment in custody for his bipolar disorder and osteoporosis.
Despite our client’s lengthy criminal history and the fact that he had breached both his bail conditions and the ICO for similar offences, the Magistrate was persuaded to grant him bail, allowing him to re-join his family.
We are now assisting our client in enrolling in a residential rehabilitation facility
Last week Astor Legal appeared at Picton Local Court in relation to a bail application.
Our client was on a 27 month Intensive Corrections Order (ICO) for charges of Supply Prohibited Drug, Resist Arrest and Drive While Disqualified. When he was 9 months into the ICO, police executed a search warrant on his premises.
They located approximately 40 grams of methylamphetamine, a number of restricted substances, $2,000 in cash and a laser pointer. He was charged with Drug Supply, Proceeds of Crime, and Possess Prohibited Weapon. Police refused him bail upon arrest.
His family contacted us after speaking to a number of other firms who advised he had no prospect of getting bail. We took a different view.
Our team first began addressing the issue of show cause by obtaining a significant amount of medical documents which showed that he was more susceptible to COVID. We also obtained letters from family members of his who lived in regional NSW. They were willing to have them live with him with conditions akin to house arrest.
We appeared at Picton Local Court and made detailed submissions in support of our client being released.
Despite our client’s lengthy criminal history and the fact that he was on an ICO for similar offences, the Magistrate was persuaded to grant him bail, allowing him to re-join his family.
Our client is a 29-year old Uber driver from Sutherland.
Police conducted a lawful search of a vehicle parked at the front of our client’s house.
In the vehicle, they found over a kilogram of cocaine secreted under the driver’s seat.
Our client was subsequently charged with Supplying a large commercial quantity of prohibited drugs.
The supply was ‘deemed’ under section 29 of the Drug Misuse and Trafficking Act 1985.
Our client was bail refused by Police and was taken to Parramatta Local Court the next morning where we made a bail application for him.
Speaking to him before the bail application, our client told us that he had no idea the drugs were there.
We were able to have bail granted on strict conditions by arguing that our client could invoke the Filipeti defence. This is where Police are unable to prove that you had ‘exclusive possession’ of the drug.
Essentially, it could be argued that someone else had left the drugs in the vehicle. This was particularly relevant given our client’s work as an Uber driver. Orders were made for Police to serve the brief of evidence on us.
The brief of evidence was served and it contained a DNA certificate which suggested that our client’s DNA was on the parcel.
We immediately subpoenaed the DNA lab results and procedures. We then arranged for our specialist DNA experts to examine the results. Our expert concluded that there were multiple other DNA profiles on the packaging and that ‘secondary DNA transfer’ could not be excluded.
We drafted detailed written representations for the charge to be withdrawn on the basis that the prosecution could not overcome the Filipeti defence. We also attached our DNA expert’s report and advised the Crown that if charges were not withdrawn, we would seek costs.
Ultimately, the prosecution accepted our representations and withdrew the charge against our client. This saved our client tens of thousands of dollars as well as the stress that comes with facing a trial.
While this is a rare case, it does show that having an accredited specialist criminal lawyer in your corner can make a massive difference.
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