Criminal associations and bail in NSW.

How bail works in NSW.

Bail in NSW is governed by the Bail Act 2013 (NSW). For most offences the court applies the unacceptable risk test. It asks whether there is a bail concern, meaning a risk that the accused, if released, would fail to appear, commit a serious offence, endanger the safety of a victim or the community, or interfere with witnesses or evidence. If a concern exists, the court decides whether it is an unacceptable risk, and whether conditions could reduce it to an acceptable level. Our note on the unacceptable risk test sets this out in full.

For certain serious offences a further step applies first. The accused must show cause why their detention is not justified. Only once cause is shown does the court move to the unacceptable risk test. This show cause requirement covers many of the offences that arise in organised-crime matters, such as serious firearm and drug offences.

The organised-crime association factor.

The Crimes Legislation Amendment (Organised and Gang-related Crime Reforms) Act 2026 enhanced the ability of the courts to take an accused's organised-crime links into account when making bail decisions. A person's criminal associations, including organised gang activity, are now an explicit matter for the court to weigh. Associations could always be relevant to risk, but the reform put the factor beyond argument.

The logic is that a person embedded in an organised-crime network may pose a higher risk of further offending, of interference with witnesses, or of harm to others, than the offence alone would suggest. Whether that is true in a given case depends on the evidence, and that is exactly where the argument is had.

Can you be refused bail just for who you know?

Association is a factor, not an automatic ground for refusal. The court still has to identify a genuine bail concern and decide whether it is an unacceptable risk that conditions cannot address. The nature of the association matters. A family relationship is not the same as an operational role in a network. A historical connection is not the same as a current one. The Crown has to show how the association bears on risk, and the defence can test that link.

How a bail application is built.

A strong application does three things. It tests the Crown's material on association, which is often based on intelligence that can be challenged for reliability and weight. It puts the association in context, so the court sees the person and not just a label. And it proposes conditions that meet the concern head on: a stable residence away from the relevant people, reporting to police, non-association conditions, sureties, curfews, and electronic monitoring where needed. A well-built release plan is frequently what turns a refusal into a grant. Where bail is refused in the Local Court, a fresh application can be made in the Supreme Court.

Why early advice matters.

First impressions count in bail. A rushed first application with a weak plan can be harder to recover from than no application at all, because a later application usually needs grounds such as fresh information or a change in circumstances. If you or a family member has been refused police bail, get advice before the first court date so the application is put properly the first time.

What conditions look like in these matters.

Where association is the concern, the conditions offered have to speak directly to it. Non-association conditions, which prohibit contact with named people, are common. So are conditions that keep the accused away from particular places. A residence away from the relevant network, daily or frequent reporting to police, a curfew, surrender of passports, and electronic monitoring can all be offered to reduce the risk to an acceptable level. A substantial surety, a person who pledges money and accepts responsibility for the accused attending court, can also carry weight.

The point is to show the court a concrete plan, not a promise. A vague assurance that the accused will stay out of trouble rarely answers a genuine concern about organised-crime links. A detailed plan, with people prepared to stand behind it, can.

If bail is refused.

A refusal is not the end. A detained person can apply to the Supreme Court, which hears the question afresh. A further application in the same court usually needs grounds, such as new information not available at the first application, or a material change in circumstances. That is why the first application should be put as strongly as possible, and why the release plan should be ready before the first court date. For the threshold that applies to serious offences, see our note on show cause bail.

Frequently asked.

How does bail work in NSW?

Under the Bail Act 2013 (NSW), the court applies the unacceptable risk test, and for certain serious offences the accused must first show cause why detention is not justified.

Are criminal associations relevant to bail?

Yes. The 2026 organised-crime reforms made a person's links to organised crime an explicit consideration in bail decisions, so courts squarely weigh whether those links raise the risk of further offending or interference.

Can you be refused bail just for who you know?

Association is one factor, not a trigger for automatic refusal. The court must still identify a real bail concern and decide whether it is an unacceptable risk that conditions cannot manage.

What can the defence do?

Test the evidence of association, put it in context, and propose conditions that address the concern, such as residence, reporting, non-association and electronic monitoring. A carefully built release plan often makes the difference.

To speak to a criminal defence lawyer, call Aaron Kernaghan on 0421 717 019.

This article is written by Aaron Kernaghan, criminal defence lawyer at Brady & Associates Lawyers, as at 10 September 2026. It is commentary and reflects the personal opinion of the author only. It is not legal advice, it is not a substitute for advice on your own matter, and it does not purport to be accurate or complete. Any matter referred to may be before the court and any person charged is presumed innocent. For advice on a specific matter, contact Aaron Kernaghan on 0421 717 019 or contact the firm.

More criminal-law commentary by Aaron Kernaghan.

← Back to all news