Bail NSW – Law changes to Bail ACT 2013

By Peter C Proctor LL.B.
26 November 2016

Bail NSW will soon be changed in that the “Show Cause” considerations under s.16A have been amended (see Bail Amendment Bill 2015) and will involve some additions, as set out below.

This amendment is expected to be proclaimed soon (as of mid-November 2016).

Bail NSWIn assessing bail concerns, the bail authority is to take into account all of those matters listed in s.18 of the Bail Act 2013 and only those matters.  The Parliament has seen fit to add to those concerns – generally in respect of all offenders and – specifically in respect of suspected terrorist offenders.

S.18(1)(f) deals with whether an accused person has compliance or non compliance with bail acknowledgements, bail conditions, apprehended violence orders, parole orders or good behavior bonds.

The following have also been added in addition has had added to it the following considerations from those already listed –

  • intensive correctional orders
  • home detention orders
  • community service orders
  • non-association and place restriction orders.

This means that if your client has a history of complying with or breaching such orders, then the court must take that into account in assessing any concerns on the question of bail.

A further addition to s.18(1)(f) is the new (f1) which states –

  • s.18(1)(f1):  if the bail authority is making the assessment of bail concerns because the accused person has failed or was about to fail to comply with a bail acknowledgment or a bail condition, any warnings issued to the accused person by police officers or bail authorities regarding non-compliance with bail acknowledgments or bail conditions
  • S.18(1)(i) deals with bail concerns associated with the likelihood of a custodial sentence if the person is convicted of the offence.  An additional provision (i1) provides for bail concerns as to persons who have been convicted but not yet sentenced and this becomes s.18(1)(i1) and states –
    if the accused person has been convicted of the offence, but not yet sentenced, the likelihood of a custodial sentence being imposed

This clearly deals with those who are found guilty after a hearing or trial and whether or not bail should be granted to such.

There is a further provision s.28(3)(a1) which, in addition to children, allows an adult to also be included as a person who can be admitted to a residential rehabilitation facility for treatment on release to bail.

There are also new provisions s.18 (q), (r) & (s) relating to suspected terrorist offenders as follows –

  • s.18(q)  whether the accused person has any associations with a terrorist organisation (within the meaning of Division 102 of Part 5.3 of the Commonwealth Criminal Code),
  • s.18(r)  whether the accused person has made statements or carried out activities advocating support for terrorist acts or violent extremism,
  • s.18(s)  whether the accused person has any associations or affiliation with any persons or groups advocating support for terrorist acts or violent extremism.

A new provision s.22A is also included to limit the court on power to release in relation to terrorism offences.


Urgent NSW bail applications can arise during the Christmas holiday period. Should you require our services over this period, we can be contacted as follows:

  • Peter Proctor (Principal Solicitor) can be contacted on 0438 618 934
  • Matthew Campbell (Lawyer) can be contacted on 04040 006 971
  • Greg Young (Lawyer) can be contacted on 0412 965 024
  • Law Offices: (02) 9687 3777

Should you require our services or advice, don’t hesitate to contact us at Proctor & Associates, Level 3, 22 Hunter Street, Parramatta and we will be glad to assist you.

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