News · Criminal law explainer
Can you apply for bail more than once in NSW?
People often assume they can keep asking for bail until they get it. In New South Wales the law limits repeat applications, to stop the same application being made again and again. The rule is in section 74 of the Bail Act 2013 (NSW). This note explains when you can apply again, the grounds for a further application, and the role of the Supreme Court.
By Aaron Kernaghan · Published 3 September 2026
Not freely. After a court refuses bail, section 74 of the Bail Act 2013 (NSW) prevents a further bail application in the same court unless there is a ground for it, such as new information, a change in circumstances, the person now having a lawyer, or a child on a first appearance. If a further application is not available, or fails, the Supreme Court can hear a fresh application.
The limit on repeat applications
Once a court has refused bail, or decided a bail application, section 74 prevents the same court from hearing a further release application unless a ground for a further application is established. The rule exists so that a person cannot simply relist the identical application in the hope of a different result.
So a second application is not automatic. You have to show a proper basis for the court to hear it at all.
What are the grounds for a further application?
Section 74 allows a further application where: the person was not legally represented on the previous application and now has a lawyer; material information relevant to bail is available that was not presented before; circumstances relevant to bail have changed since the previous application; or the person is a child and the previous application was on their first appearance.
The most common ground is a change in circumstances or new information, for example a new address, a rehabilitation place, a surety who was not available before, or the resolution of a related matter. The change has to be genuine and relevant to the risk.
What counts as changed circumstances?
A change in circumstances means something real that bears on the bail decision, not simply the passage of time. Examples include a suitable residence becoming available, a treatment or rehabilitation program accepting the person, the prosecution case weakening, or delay in the matter coming to trial becoming significant.
Delay itself can, over time, amount to a change, because a person who has spent a long time on remand awaiting trial is in a different position. Whether a change is enough is a question for the court.
The Supreme Court option
Separately from a further application in the same court, the Supreme Court can hear a fresh bail application where a lower court has refused bail. The Supreme Court is a common avenue after a Local Court refusal, and it applies the same statutory tests, again subject to the section 74 grounds for a further application where relevant.
A Supreme Court bail application is a significant step and is prepared carefully, with detailed material. Our note on the Supreme Court and bail explains that jurisdiction.
What should you do?
If bail has been refused, do not simply relist the same application. Work out whether there is a ground under section 74, gather the new material, and prepare the application properly, whether in the same court or in the Supreme Court.
This is skilled work, and the quality of the material often decides it. Our notes on the unacceptable risk test and show cause explain what a bail application has to address.
Frequently asked.
Can I apply for bail more than once in NSW?
Not freely. After bail is refused, section 74 of the Bail Act 2013 (NSW) prevents a further application in the same court unless a ground is established, such as new information or a change in circumstances.
What are the grounds for a second bail application?
That the person was unrepresented before and now has a lawyer, that relevant information not presented before is now available, that circumstances relevant to bail have changed, or that the person is a child on a first appearance.
What counts as a change in circumstances?
Something real bearing on the bail decision, such as a suitable residence, a rehabilitation place, a weakening prosecution case, or significant delay, not simply the passage of time on its own.
Can I take a bail application to the Supreme Court?
Yes. The Supreme Court can hear a fresh bail application where a lower court has refused bail. It is a common avenue after a Local Court refusal and applies the same tests.
What should I do after bail is refused?
Do not just relist the same application. Identify whether there is a section 74 ground, gather the new material, and prepare the application properly, in the same court or the Supreme Court.
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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