Bail Act 2013 (NSW)

Does not include amendments by—

Sec 22C(5) of this Act (sec 22C(5) repeals sec 22C on 1.10.2026)

Sec 22D(5) of this Act (sec 22D(5) repeals sec 22D on 3.4.2027)

Local Court and Bail Legislation Amendment Act 2025 No 61, Sch 2.2 (not commenced)

An Act to make provision for bail in connection with criminal and other proceedings.

The Parliament of New South Wales, in enacting this Act, has regard to the following—

(a)
the need to ensure the safety of victims of crime, individuals and the community,
(b)
the need to ensure the integrity of the justice system,
(c)
the common law presumption of innocence and the general right to be at liberty.

preamble: Ins 2014 No 52, Sch 1 [1].

Part 1Preliminary1Name of Act

This Act is the Bail Act 2013.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Purpose of Act(1)

The purpose of this Act is to provide a legislative framework for a decision as to whether a person who is accused of an offence or is otherwise required to appear before a court should be detained or released, with or without conditions.

(2)

(Repealed)

s 3: Am 2014 No 52, Sch 1 [2].

4Definitions(1)

In this Act—

accommodation requirement—see section 28.

accompaniment requirement—see section 28A.

accused person or person accused of an offence includes the following—

(a)
a person who has been charged with or convicted of an offence,
(b)
a person whose conviction for an offence is stayed,
(c)
a person in respect of whom proceedings on an appeal against conviction or sentence for the offence are pending,
(d)
a person in respect of whom a new trial has been ordered to be held for an offence.

apprehended violence order has the same meaning as it has in the Crimes (Domestic and Personal Violence) Act 2007.

authorised justice means—

(a)
a registrar of the Local Court, or
(a1)
a Children’s Registrar, or other Registrar of the Children’s Court, under the Children’s Court Act 1987, or
(b)
an officer of the Department of Attorney General and Justice who is declared, by order of the Minister, whether by reference to his or her name or office, to be an authorised justice for the purposes of this Act, or
(c)
a person, or member of a class of persons, declared by the regulations to be an authorised justice for the purposes of this Act.

bail—see section 7.

bail acknowledgment means the bail acknowledgment for a decision to grant bail given to the accused person under section 33.

bail application means—

(a)
a release application, or
(b)
a detention application, or
(c)
a variation application.

bail authority means a police officer or a court.

bail concern—see section 17.

bail condition means a condition of bail.

bail decision—see section 8.

bail guarantor means any person who enters into a bail security agreement, other than the accused person…

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