Updated October 2025 | Author: Nick Hardy — Criminal & Traffic Lawyer, Jones Hardy Law (Sydney, NSW)
At a Glance
If you’ve been charged with a show cause offence in New South Wales, the rules for getting bail are tougher than usual.
In these cases, the burden shifts to you — not the prosecution — to prove why you should be released on bail.
This article explains what show cause means, who it applies to, how it works, and which offences in NSW fall under the show cause category.
What Is a Show Cause Offence?
Under NSW law, most people applying for bail are presumed eligible unless the prosecution can prove that their release would pose an unacceptable risk.
However, for certain serious offences listed in Section 16B of the Bail Act 2013 (NSW), this presumption is reversed.
If you’re charged with a show cause offence, you must show cause — meaning you have to convince the court why your continued detention is not justified.
This legal framework was introduced in 2015 to tighten bail laws for serious or repeat offenders.
Who Does the Show Cause Requirement Apply To?
The show cause requirement applies only to adults charged with offences listed in the Bail Act.
Juveniles — even those charged with serious crimes — do not have to show cause why they should be released on bail.
This distinction recognises that young people should be treated differently within the justice system, focusing on rehabilitation rather than punishment.
How the Show Cause Process Works
When an adult is charged with a show cause offence and applies for bail, the court follows a two-step process:
- Step One: The accused must show cause why their detention is not justified.
- Step Two: If cause is successfully shown, the court then assesses whether there are any bail concerns and whether appropriate conditions can manage those risks.
If the person fails to show cause, the application ends there — bail is refused and the person remains in custody.
How to Show Cause in NSW
Unlike the risk assessment stage, where the Bail Act lists specific factors, the legislation offers no fixed criteria for determining whether cause has been shown.
Each application is assessed on its own facts, allowing the court to consider a broad range of personal, legal, and contextual factors.
The NSW Court of Criminal Appeal has clarified that cause may be shown by a single powerful factor or a combination of several relevant factors.
These often overlap with the usual risk considerations but are applied differently because the starting point is detention.
Examples of How Cause May Be Shown
Courts may consider the following when deciding whether cause has been shown:
- It’s the person’s first time in custody.
- They need to remain at liberty to prepare their defence, maintain employment, or care for family.
- Custody would be harder than usual due to medical or mental health conditions.
- The expected delay before trial is long.
- The prosecution case appears weak or circumstantial.
- If found guilty, the likely sentence may be less than the time spent in custody awaiting trial.
Often, these factors interact — for example, a weak prosecution case combined with long court delays may strengthen a show cause argument.
Which Offences Are ‘Show Cause’ Offences?
The full list is set out in Section 16B of the Bail Act 2013 (NSW).
It includes serious offences such as:
- Any offence punishable by life imprisonment
- Serious sexual offences involving persons under 16
- Serious personal violence offences if the accused has prior convictions for similar offences
- Serious indictable offences involving weapons
- Drug offences involving the cultivation, manufacture, or supply of a commercial quantity of prohibited drugs or plants
- Indictable offences committed while on bail, parole, or under a supervision order
- Breaches of supervision orders or related offences
- Attempting, aiding, or conspiring to commit any of the above offences
Because this list can change as legislation evolves, always check the current version of Section 16B or seek legal advice before relying on it.
Why the Show Cause Rule Matters
The show cause rule reverses the usual presumption in favour of bail.
It exists to ensure community safety and accountability for those charged with the most serious offences.
However, it can also make the process daunting for first-time offenders or those with strong ties to the community.
A well-prepared bail application — supported by evidence such as employment letters, medical reports, and proof of residence — can make a significant difference.
Should You Apply for Bail in a Show Cause Case?
Yes — but preparation is everything.
If you’re charged with a show cause offence, your lawyer must carefully assess your circumstances and gather evidence to help you meet the legal threshold.
At Jones Hardy Law, we help clients build persuasive bail applications that highlight key factors like family responsibilities, employment stability, rehabilitation efforts, and community ties.
Even in show cause cases, well-prepared evidence can demonstrate that detention is not justified.
Frequently Asked Questions (FAQ)
What is a show cause offence in NSW?
A show cause offence is a serious offence where the accused must prove why they should be granted bail, rather than the prosecution proving why they shouldn’t.
Can I still get bail for a show cause offence?
Yes, but it’s harder. You must show that your detention is not justified based on your personal circumstances and the nature of the case.
Does show cause apply to all offences?
No. It only applies to certain serious offences listed in Section 16B of the Bail Act 2013 (NSW).
What kind of evidence helps show cause?
Employment records, medical reports, family responsibilities, and evidence of rehabilitation or community support can all help demonstrate cause.
Do minors have to show cause?
No. The requirement applies only to adults charged with show cause offences.
Talk to a NSW Criminal Lawyer
If you’ve been charged with a show cause offence in New South Wales, it’s essential to act quickly.
Contact Nick Hardy, Criminal and Traffic Lawyer at Jones Hardy Law, for personalised advice and bail representation.
📞 Call (02) 7257 0384 | 📍 Offices in Sydney CBD & Western Suburbs
[Book a Confidential Bail Consultation →]
Disclaimer
This article provides general legal information based on NSW law.
It is not legal advice and may not apply to your specific situation.
For legal advice tailored to your case, contact Jones Hardy Law directly.
