The latest NSW bail statement has significant implications. The Chief Justice of New South Wales, the Hon. Andrew Bell, has issued a compelling statement on bail. This is a development that could be pivotal for those currently on remand or considering a bail application in NSW.
As of March 2025, there were more than 5,700 people held in prison on remand in NSW, up 20% over the past five years. As a result of these numbers, the Chief Justice has spotlighted the serious individual and systemic costs of unnecessary pre-trial detention. These include the financial cost to taxpayers (over $600 million annually) and the human cost to those later found not guilty or sentenced to time served. The NSW Bail Statement is an important reference to this rising issue.
Presumption of Innocence Must Be Protected
The Chief Justice reaffirmed the presumption of innocence as a cornerstone of our legal system. Bell stated:
"An accused person is innocent until proven guilty," adding "and, generally speaking, should not be deprived of his or her liberty unless and until found guilty."
Why The NSW Bail Statement Matters for Applicants
This statement is a powerful tool for those seeking release through bail. It underscores the legal and moral imperatives to avoid lengthy remand unless the risk to the community is demonstrably unacceptable. Importantly, the Chief Justice clarified that the Bail Act 2013 does not mandate bail refusal, even for serious charges.
In particular, he noted that lengthy delays, often up to three years before trial, must be taken into account when assessing bail under section 18(1)(h) of the Act.
NSW Bail Statement: Courts Must Balance Risk and Rights
Judges must weigh potential risks such as flight, reoffending, or interference with witnesses. Yet they also must account for the irreparable harm caused when people are imprisoned without conviction, especially when stringent bail conditions can reduce risk.
Let's rewind and take note of some terms.
What is bail in NSW?
Bail in New South Wales is a legal process that allows a person charged with a criminal offence to be released from custody while they await their court hearing or trial. In these cases, the court assesses whether the person poses an unacceptable risk. For example, these risks might be failing to appear in court, committing another offence, endangering others, or interfering with witnesses. If bail is granted, it often comes with strict conditions like reporting to police, curfews, or financial sureties.
Remember, bail is not about determining guilt or innocence. In fact, bail is about ensuring justice while upholding the presumption of innocence.
What does being on remand mean in NSW?
Being on remand is kind of the opposite. It means a person is held in custody while they await the outcome of their criminal charges. This is either because bail was denied or they couldn't meet the bail conditions.
In NSW, individuals on remand have not been convicted of the alleged offence, yet may spend months or even years in prison before their case is finalised. Remand can have serious personal, social, and financial consequences, especially if the person is later found not guilty or receives a sentence shorter than their time spent in custody.
NSW Bail Statement
The Chief Justice's statement could prove invaluable for privately funded bail applications and Legal Aid grants. If you or a loved one is being held on remand, it may be the right moment to seek legal advice about making a bail application.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
