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Being charged with a criminal offence can be stressful, particularly if you or a family member is being held in custody. One of the first questions many people ask is whether bail will be granted and what can be done to improve the chances of release.

Understanding how bail works in Australia, what courts consider during a bail application, and the consequences of breaching bail conditions can help you make informed decisions and seek legal assistance early.

What Is Bail?

Bail is the legal process that allows a person charged with an offence to remain in the community while their criminal matter is ongoing. In exchange for release from custody, the person agrees to attend court when required and comply with any conditions imposed.

In Australia, bail may be granted either by police or by a court. Police can sometimes grant bail at the station after a person is charged. In more serious matters, or where police refuse bail, the decision may need to be made by a magistrate or judge.

Bail laws are designed to balance two important principles:

• the presumption that a person is innocent until proven guilty; and
• the need to protect the community and ensure attendance at court.

How Do Courts Decide Bail?

When deciding whether to grant bail, police or the court assess whether the accused presents an unacceptable risk.

Common considerations include whether the person is likely to:

• fail to attend court;
• commit further offences while on bail; interfere with witnesses or obstruct justice; or
• pose a risk to community safety.

If these risks can be managed through conditions, bail may still be granted.

In more serious criminal matters, including allegations involving violence, serious drug offences, or murder charges, a person may need to “show cause” why they should be released from custody.

Common Bail Conditions in Australia

If bail is granted, conditions may be imposed to reduce risk and ensure compliance. Bail conditions vary depending on the alleged offence, criminal history, and personal circumstances of the accused.

Common bail conditions can include:

• reporting to a police station;
• living at a specific address;
• complying with a curfew;
• surrendering a passport;
• avoiding certain people or locations; or
• providing a surety.

A surety is a person who agrees to support the accused and, in some cases, provide financial security connected to compliance with bail.

Breaching bail conditions is a serious matter and can result in arrest, further criminal charges, and bail being revoked.

What Improves the Chances of Getting Bail?

Every case is different, but courts generally look more favourably on bail applications where the accused can demonstrate stability and a low risk of non-compliance.

Factors that may improve the likelihood of bail being granted include:

Stable Living Arrangements

Having secure accommodation and strong community ties can assist in demonstrating stability.

Employment or Study

Ongoing work or study commitments may support an argument that the person is likely to comply with bail and attend court.

Family and Community Support

Support from family members or other responsible people can strengthen a bail application.

Limited Criminal History

A person with no prior breaches of bail or limited criminal history may be viewed as presenting a lower risk.

A Well-Prepared Bail Application

An experienced criminal lawyer can help prepare submissions and propose conditions that address concerns raised by police or the court.

What Happens if Bail Is Refused?

If police refuse bail, the accused may apply to a court for release. If bail is refused by the court, the person will generally remain in custody unless a further application is made.

The ability to make another bail application depends on the circumstances and may require a change in circumstances or new supporting material.

Because bail decisions directly affect a person’s liberty, obtaining legal advice early can be important.

Why Speaking to a Lawyer Early Matters

A criminal defence lawyer can assess the circumstances of the case, identify issues likely to concern the court, and help prepare the strongest possible bail application.

Depending on the situation, a lawyer may assist with:

• preparing supporting material;
• proposing appropriate bail conditions;
• arranging a surety;
• making submissions in court; and
• advising on the risks and likely outcomes.

Early legal advice can make a significant difference, particularly in serious or complex matters.

Frequently Asked Questions About Bail

Can police grant bail?

Yes. Police may grant bail after charging a person. If police refuse bail, the matter can usually be brought before a court.

What happens if you breach bail conditions?

Breaching bail conditions can result in arrest, additional charges, and bail being revoked.

Do first-time offenders automatically get bail?

No. While limited criminal history may assist, the court will still consider the seriousness of the allegations and any risks involved.

What is a surety?

A surety is a person who agrees to support the accused and may provide financial security connected to compliance with bail conditions.

Can bail conditions be changed?

In some circumstances, an application can be made to vary bail conditions if they are unreasonable or circumstances change.

Finding the Right Criminal Defence Lawyer

If you or someone you know needs advice about bail, speaking with an experienced criminal defence lawyer early can help clarify your options and prepare the strongest possible application.

How Advisent can help

Through Advisent, you can book a fixed-fee consultation with an experienced criminal lawyer, across a range of criminal law matters, including urgent bail applications and court representation.

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About the Author

Amy Soong L.L.B (Hons), L.L.M, BBus (Accy), GradDipLP (QUT) is the Legal Practice Director of Ashworth Lawyers, a leading Brisbane criminal defence law firm founded in 2014. She has been exclusively practising as a criminal defence lawyer in Brisbane for over 16 years. Amy leads a team of the best Brisbane criminal lawyers for all serious and complex crimes in Qld.

This includes extensive experience in successfully defending rape and sexual violence, drugs, fraud, assaults and choking, murder, arson, extortion, kidnapping, money laundering, human trafficking, tax, and aviation offences.

Amy is admitted in the Supreme Court of Queensland and High Court of Australia. She is a Council member of the Society of Notaries in Qld and is a member of the Qld Law Society Wellbeing Working Group. She has achieved numerous recognitions including as a finalist in the Lawyers Weekly Women in Law Awards and under her leadership, Ashworth Lawyers is also recognised as Criminal Law Firm of the Year Qld (APAC Insider Australian Made Awards 2025) and Client Service Excellence Award (APAC Insider Australian Made Awards 2025).