Young people accused of certain repeat offences in NSW will continue to face stricter bail requirements until April 2028, following the passage of legislation through the NSW Parliament in September 2026.
The extension preserves section 22C of the Bail Act 2013 (NSW), which imposes an additional test when certain young people are accused of committing further serious offences while already on bail for similar offences.
The laws were originally introduced as a temporary measure in 2024. Their extension has renewed debate about youth crime, community safety, rehabilitation and the consequences of keeping young people in custody while they await trial.
Understanding how section 22C operates is important for young people facing criminal charges and their families, particularly where a bail application is being considered.
What are the NSW youth bail laws?
Section 22C of the Bail Act 2013 (NSW) establishes an additional bail test for certain young people accused of repeat offending.
Unlike the ordinary bail test, which considers whether identified risks can be managed through bail conditions, section 22C requires a bail authority to have a high degree of confidence that the young person will not commit a serious indictable offence while on bail, subject to any proposed conditions.
The provision applies to a limited category of young people and offences. It is not a general rule that all young people charged with a criminal offence must satisfy this stricter test.
Section 22C applies to young people aged 14 to 17 who are charged with specified offences involving serious break and enter or motor vehicle theft while already on bail for another offence within the categories covered by the provision.
The relevant categories include certain serious break-and-enter offences and motor vehicle offences, such as taking a conveyance without consent.
The provision is directed at repeat-offending circumstances. It does not automatically apply simply because a young person has a criminal record or has previously been charged with an unrelated offence.
Whether section 22C applies depends on the person’s age, the offences alleged and the circumstances in which the new charge arose.
What does the stricter bail test mean?
Rather than relying only on the ordinary unacceptable-risk test, the bail authority must have a high degree of confidence that the young person will not commit a serious indictable offence while on bail.
This creates a more demanding hurdle for affected young people seeking release.
The test does not mean that bail must automatically be refused in every case covered by section 22C. However, satisfying the additional requirement can be difficult, and the circumstances of the alleged offending and proposed bail arrangements remain important.
The provision had been due to expire on 1 October 2026. The extension gives the Government additional time to implement broader youth justice measures, including community-based and diversionary initiatives.
The extension does not make the provision permanent. Its future will depend on further legislative decisions and the approach taken by the NSW Parliament before the new expiry date.
A statutory review considered the operation of the provision and recommended extending it while alternative programs and broader youth justice initiatives are developed.
Opponents have raised concerns about the effect of stricter bail requirements on children, including the risk of increased time in custody before their charges have been determined. Critics have also questioned whether tougher bail restrictions address the underlying causes of youth offending.
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