News · Criminal law explainer
Can a victim object to bail in NSW?
Victims often want to know whether they have a say in whether an accused gets bail. In New South Wales a victim does not make the decision, but their safety and concerns matter and are taken into account. This note explains how victim concerns are put before the court, the protective conditions that can be imposed, and who actually decides.
By Aaron Kernaghan · Published 3 September 2026
A victim cannot decide bail, but their safety and concerns are relevant and are put before the court by the prosecution. In NSW the court must consider the need to protect any victim and the community when deciding bail, and can impose protective conditions such as no-contact and exclusion conditions. The decision itself is made by the court, weighing all the bail considerations.
Does a victim decide bail?
No. Bail is decided by the court, or in the first instance by police, not by the victim. A victim cannot grant or refuse bail, and cannot veto a grant of bail. But that does not mean their views are irrelevant; the law requires the safety of victims to be considered.
The decision belongs to the court because bail is about managing risk in the public interest, not resolving a dispute between two individuals.
How are victim concerns put to the court?
Victim concerns are usually put before the court by the prosecution, which represents the community interest and can present information about the victim's safety and any fears they hold. In domestic and family violence matters in particular, the safety of the victim is a central consideration.
The Bail Act requires the court to consider the need to protect any victim and the community. So a victim's genuine safety concerns are directly relevant to whether bail is granted and on what conditions.
Protective bail conditions
Where bail is granted, the court can impose conditions aimed at protecting the victim. Common protective conditions include not to contact the victim, not to approach their home or workplace, to stay away from a particular area, and to surrender firearms. These conditions manage the risk while the matter is pending.
Breaching a protective condition is a serious matter. Where there is an apprehended violence order, its conditions run alongside the bail conditions.
The unacceptable risk test and victims
The court applies the unacceptable risk test, which includes the risk that the accused will endanger the safety of victims, individuals, or the community. If that risk cannot be managed by conditions, bail can be refused.
So victim safety is not a side issue. It is built into the very test the court applies. Strong, genuine safety concerns can be decisive.
What can a victim do?
A victim who has concerns about bail should raise them with police and the prosecutor as early as possible, so they can be put before the court. Victims of crime can also access support services, and in domestic violence matters can seek an AVO for ongoing protection.
While a victim does not control the outcome, making sure their concerns are known is important. Our notes on police bail and AVOs explain the related processes.
Frequently asked.
Can a victim stop an accused getting bail?
No. A victim cannot decide, grant, or refuse bail. The decision is made by the court, or first by police. But the victim's safety and concerns are relevant and must be considered.
How are a victim's concerns put to the court?
Usually by the prosecution, which can present information about the victim's safety and any fears. The Bail Act requires the court to consider the need to protect any victim and the community.
Can bail conditions protect a victim?
Yes. The court can impose protective conditions such as not to contact the victim, not to approach their home or work, to stay away from an area, and to surrender firearms.
Does victim safety affect whether bail is granted?
Yes. The unacceptable risk test includes the risk that the accused will endanger the safety of victims and the community. If that risk cannot be managed by conditions, bail can be refused.
What should a victim do about bail?
Raise concerns with police and the prosecutor as early as possible so they can be put before the court, access victim support services, and in domestic violence matters consider seeking an AVO.
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 Good Legal Lawyers, as at 3 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.
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