Updated October 2025 | Author: Nick Hardy — Criminal & Traffic Lawyer, Jones Hardy Law (Sydney, NSW)
At a Glance
When you apply for bail in New South Wales, the court can only refuse your release if there is an unacceptable risk — and that risk can’t be managed through bail conditions.
Bail conditions are designed to address those risks so the court feels confident releasing you back into the community.
This article explains how bail conditions work in NSW, the most common types of conditions courts impose, and what to expect when cash, property, or promises are used as security.
How Bail Conditions Work in NSW
Under the Bail Act 2013 (NSW), a court may impose conditions to reduce risks associated with granting bail.
When preparing a bail application, your lawyer’s job is to anticipate the court’s concerns and propose conditions that make release appropriate and safe.
Bail conditions must be:
- Reasonable and proportionate to the offence
- Appropriate to address specific risks (e.g. flight, reoffending, interference)
- No more onerous than necessary
- Practicable — meaning you can realistically comply with them
These principles ensure that bail conditions protect the community without punishing the accused before conviction.
Common Bail Conditions in NSW
Courts can impose a wide range of conditions depending on the individual’s circumstances, the type of charge, and any identified risk.
Below are the most common categories of bail conditions and what they mean:
1. Conduct Requirements
Direct the accused to do, or not do, certain things — for example:
- Attend court on the specified date (the primary purpose of bail)
- Avoid contact with certain people (such as alleged victims or co-accused)
- Stay away from specific locations (e.g. where the offence occurred)
- Reside at a nominated address
- Observe a curfew (remain home at set hours)
- Report to police at regular times
- Surrender a passport to prevent flight risk
2. Security or Financial Conditions
- The accused or a supporting person (known as an acceptable person) may be required to deposit cash or security.
- The purpose is to ensure appearance in court — if bail is breached, the money can be forfeited.
- Security conditions are generally used when there is concern a person might fail to appear.
3. Character Acknowledgment
- An acceptable person provides a written statement to the court confirming that they know the accused personally, consider them responsible, and believe they will comply with their bail obligations.
4. Accommodation or Supervision Requirements
- The court may require that suitable accommodation or supervision arrangements are in place before release.
- This often applies in cases involving young adults or individuals requiring support services.
5. Enforcement Conditions
- These may include random drug or alcohol testing or compliance checks.
- Enforcement conditions can only be imposed at the prosecutor’s request and must be specific and justified.
Cash Bail in NSW
A court can grant bail on the condition that cash or other security is deposited.
The deposit can be made by the accused or by an acceptable person such as a family member or friend.
The court must be satisfied that the money belongs to the person providing it — proof such as a bank statement and withdrawal receipt is typically required.
Once bail is granted:
- The cash or security remains held by the court, police station, or correctional facility.
- If bail is breached or the accused fails to appear, the deposit may be forfeited.
- The person who deposited the money may apply to the court to have it returned, but success depends on the circumstances.
How Much Cash Bail Is Enough?
There is no fixed amount of money required for bail in NSW.
The amount is entirely at the discretion of the judge or magistrate, depending on the seriousness of the charge and the perceived risk.
In Jones Hardy Law’s experience, $20,000 has often been sufficient to secure bail for a serious offence, though this varies widely.
Generally, the higher the deposit, the stronger the assurance to the court — but it must still be reasonable and proportionate.
Many people prefer to use property as security rather than cash, as this avoids tying up liquid funds and can represent a larger surety value.
Property as Security for Bail
Offering real estate as bail security is more complex than cash bail.
To use property, you must prove:
- The property’s current value
- The amount of equity you hold
- The bank’s approval (if the property is mortgaged)
These steps can delay your release, so it’s important to prepare all documentation early.
Having legal assistance ensures the paperwork meets court standards and avoids unnecessary delays.
Promise to Forfeit Cash (Without Deposit)
In some cases, the court can grant bail on the basis of a promise to forfeit a set amount if bail is breached.
No money changes hands upfront — the person simply agrees to pay the specified sum if conditions are broken.
This type of bail is less secure and is generally reserved for less serious offences or where the risk of non-compliance is low.
Why Bail Conditions Matter
Appropriate bail conditions strike the balance between individual liberty and community safety.
They allow people to resume their daily lives, work, and prepare their defence while ensuring they comply with court requirements.
A skilled defence lawyer will tailor conditions that address each potential risk the court might raise — increasing the likelihood that bail will be granted.
Frequently Asked Questions (FAQ)
What are common bail conditions in NSW?
Conditions can include reporting to police, residence requirements, curfews, non-contact orders, and security deposits such as cash or property.
Can I use property instead of cash for bail?
Yes, but you must provide valuation and ownership proof, and your bank may need to approve the security.
What happens if I breach my bail conditions?
The court may revoke your bail and forfeit any money or property deposited. You could also face additional charges.
Is there a set amount for cash bail in NSW?
No. The court decides based on your circumstances, the offence, and the level of risk.
Can someone else pay or secure my bail?
Yes. A friend or family member can act as an acceptable person by depositing money or pledging property on your behalf.
What makes a bail condition reasonable?
It must be practical, proportionate, and no more restrictive than necessary to address identified risks.
Talk to a NSW Criminal Lawyer
If you or someone you know has been refused bail, or if you need help preparing a bail application, contact Nick Hardy, Criminal and Traffic Lawyer at Jones Hardy Law.
Our team helps clients across Sydney and NSW design practical bail proposals that courts accept.
📞 Call (02) 7257 0384 | 📍 Sydney CBD & Western Suburbs Offices
[Book a Confidential Bail Consultation →]
Disclaimer
This article provides general information based on New South Wales law.
It is not a substitute for legal advice.
For advice about your specific case, contact Jones Hardy Law.
