Bail allows a person charged with a criminal offence to remain in the community while their matter progresses through the court system. In New South Wales, bail decisions are governed by the Bail Act 2013 and focus on whether the accused presents an unacceptable risk, such as failing to appear in court, committing further offences, or interfering with witnesses.

First-instance bail applications for adults refused police bail are determined by a centralised Bail Division, operating virtually via Audio Visual Link (AVL) before specialist magistrates. The Virtual Bail Court Scheme (VBCS) currently applies across NSW and is intended to promote consistency and efficiency in bail decisions. Legal Aid NSW Duty Solicitors commonly represents eligible accused persons for first-instance bail applications through this centralised system. 

Bail applications are urgent and procedurally complex. Early legal advice can significantly improve the prospects of release and ensure that any application is properly prepared, supported by tailored submissions, evidence, and proposed conditions.