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ARTICLE · 21 DECEMBER 2023

Supreme Court bail application in New South Wales

In NSW, a Supreme Court bail application is made only after a person's Local Court bail application is refused.

AustraliaLitigation, Mediation & Arbitration

A Supreme Court bail application in New South Wales can only be made after a person has had their Local Court bail application refused.

Bail is defined as a person being granted conditional liberty before their criminal charges have been finalised. Bail can be granted by either police or by a court.

Supreme Court Powers

The NSW Supreme Court has the power to grant bail after a person has been bail refused by the Parramatta bail court, central bail court or any other Local Court.

The power for the Supreme Court to grant bail is set out in section 66 of the Bail Act 2013.

If a person is already on bail and wants to vary their bail conditions, then they can file a variation application. After hearing the application, the court can refuse the application, or vary the bail decision. There is also a possibility that the variation may lead to tougher bail conditions.

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