Following the passage of the Bail and Other Legislation Amendment (Domestic Violence) Act 2024, the Local Court has introduced a centralised Bail Court system to streamline the management of bail matters previously dealt with by Registrars.
In NSW, many adult bail matters are now dealt with through the Local Court’s centralised Bail Division. The Bail Division was introduced to manage bail matters and provide a more consistent approach to bail hearings across NSW.
Unlike a traditional Local Court appearance, Bail Division proceedings are conducted virtually. The accused person, their lawyer, the prosecutor and other relevant participants generally appear by audiovisual link.
If you or someone close to you has been refused bail, it is important to understand how the Bail Division works and what to expect at a bail hearing.
What is the NSW Bail Division
The Bail Division is a dedicated part of the Local Court responsible for dealing with centralised adult bail matters.
The system was established to centralise and streamline the management of adult first-instance fresh custody matters. The Bail Division operates seven days a week, with weekday coverage being progressively expanded across NSW.
The bail division was initially introduced in regional NSW before being expanded to additional metropolitan courts. The local court identifies several objecting of the system, including:
- Improving consistency in bail hearings;
- Freeing courtrooms for other judicial work;
- Reducing workload pressures on Judges and court users; and
- Supporting greater specialisation in bail matters.
What types of matters does the Bail Division hear?
Police bail refusals
If police refuse to grant bail after a person has been arrested, the person must be brought before a court within the required timeframe so that a judicial officer can determine the bail application.
Executed arrest warrants
The Bail Division can deal with matters in which an arrest warrant has been executed, and the person has been taken into custody.
Detention applications
The Division can also deal with applications seeking to keep a person in custody or otherwise determine.
The Local Court specifically identifies these three categories as matters handled by the Bail Division.
Not every bail-related matter necessarily falls within the same process. The applicable court and procedure can depend on the type of application, the persons circumstances and whether the matter is being dealt with in the Bail Division.
How are Bail Division hearings conducted?
Bail Division proceedings are conducted virtually. Participants generally appear via an audiovisual link rather than physically entering a courtroom. This can include:
- The accused person;
- Their legal representative;
- The police prosecutor;
- Family members;
- Support persons;
- Community or support agencies; and
- Other participants where appropriate.
What time does the Bail Division sit?
The Bail Division information guide states that the court commences sitting from 9:30 am.
Under the guide’s stated cut-off arrangements, defendants arrested and processed before 12:00 pm may be eligible for a Bail Division hearing on the same day. Those arrested or processed after that time may have their hearing listed for the following day.
These arrangements should not be treated as a guarantee that every matter will be heard at a particular time. The timing of an individual’s application can depend on the circumstances of the matter and the court’s list.
What happens at a bail hearing?
The judge will consider the bail application in accordance with the Bail Act 2013 (NSW).
The court may consider matters including:
- The seriousness of the alleged offending;
- The person’s criminal history;
- Other charges currently before the court;
- Whether there is a risk that the person will commit a serious offence while on bail;
- Whether there is a risk that the person will fail to appear in court;
- Whether the person may endanger the safety of individuals or the community; and
- Any proposed bail conditions that may address identified risks.
The court’s decision may result in the person being released on bail, released subject to conditions, or kept in custody. If bail is refused, the accused person will remain in custody.
Learn more about bail applications here.
Can the public attend Bail Division proceedings?
Yes, the Bail Division remains an open court. Members of the public can contact the Bail Division Registry to request information on how to access proceedings. The Local Court notes that access may be restricted where suppression or non-publication orders apply or where the judge directs that the proceedings be closed.
Members of the public must also follow the same courtroom standards expected during an in-person hearing. The Local Court guide states that attendees must be appropriately dressed, use respectful language and participate from a quiet and private location. Recording or photographing proceedings is an offence.
Book your free consultation
Being arrested and refused bail can be an overwhelming experience, particularly when you do not know when you will be released.
The introduction of the Bail Division has changed the way many adult bail applications are conducted in NSW, with proceedings increasingly taking place through a centralised virtual court.
We offer appointments in person, by phone, or via video conference from our offices in Sydney CBD, Parramatta, and Blacktown. Our lawyers represent clients throughout New South Wales.
Contact us now if you have been charged with a drug offence. Our team of criminal lawyers has 500+ 5-star reviews on Google and 60 years of combined experience, with each lawyer having 5 to 20 years of criminal law experience. You can read our reviews here.