It used to be that everyone had the right to bail, based on the
legal assumption that people are entitled to be considered innocent
until proven guilty. But over the years the general presumption in
favour of bail has been tightened. It can now be refused if the
person is arrested for a serious crime, may be a flight risk, or
poses an unacceptable risk to the community.
What is police bail?
Police are required under law to determine whether to grant
so-called police bail, or to refuse it as soon as possible. (Please
see Bail, Local Court New South
Wales.)
In NSW police can normally hold a person for up to six hours,
but then must either release them, charge them, or apply for an
extension.
