News · Criminal law explainer
How does bail work at the police station in NSW?
For most people the first bail decision is made not by a court but by police, at the station, after they are charged. In New South Wales this is police bail, and it is governed by the Bail Act 2013 (NSW). This note explains how police bail works, what conditions police can impose, and what happens if they refuse.
By Aaron Kernaghan · Published 3 September 2026
After police charge you, a senior officer decides whether to release you with no bail, grant you bail with conditions, or refuse bail. If police grant bail you are released to come to court on a set date, subject to any conditions. If police refuse bail you are kept in custody and brought before a court as soon as practicable, where you can make a bail application.
The police bail decision
After you are charged, a senior police officer, the custody manager, decides what happens to your bail. There are three options: release you without bail, meaning you are simply given a date to attend court; grant you bail, meaning you are released on an undertaking to attend, possibly with conditions; or refuse bail, meaning you are kept in custody to be brought before a court.
The decision is made by applying the same tests a court would, focused on whether you are a risk of not appearing, of committing further offences, of endangering people, or of interfering with the case, and whether any risk can be managed with conditions.
What conditions can police impose?
If police grant bail, they can attach conditions to manage any risk. Common conditions include reporting to a police station, residing at a particular address, not contacting certain people, a curfew, surrendering a passport, or a surety. Conditions must be reasonable, proportionate, and no more onerous than necessary.
You should make sure you understand any conditions before you leave the station, because breaching them is a serious matter. Our note on bail conditions explains how to live with them.
What if police refuse bail?
If police refuse bail, you are kept in custody and must be brought before a court as soon as practicable, usually the next sitting day. At court you can make a bail application, and the court decides bail afresh. So a police refusal is not the end of the matter; it is the start of a court process.
This is why it matters to get advice quickly if a family member is refused police bail. A lawyer can appear at the first court date and make the bail application.
Can you ask police to reconsider?
There is limited scope to have police bail reviewed, but in practice the main avenue after a police refusal is the court. The court hearing is where a proper bail application is made, with material about the person, their circumstances, and a plan to manage any risk.
Preparing that application, with proposed conditions and supporting information, is where a lawyer adds real value at the first court date.
What should you do?
If you are granted police bail, note your court date and comply strictly with any conditions. If a family member is refused police bail, get advice at once so a bail application can be prepared for the first court appearance.
Our notes on the unacceptable risk test and what happens if bail is refused explain the court stage that follows a police decision.
Frequently asked.
Who decides bail at the police station?
A senior police officer, the custody manager, decides after you are charged whether to release you without bail, grant bail with conditions, or refuse bail and keep you in custody for court.
What conditions can police put on bail?
Reasonable conditions to manage risk, such as reporting to police, residing at an address, not contacting certain people, a curfew, surrendering a passport, or a surety. They must be no more onerous than necessary.
What happens if police refuse me bail?
You are kept in custody and brought before a court as soon as practicable, usually the next sitting day, where you can make a bail application and the court decides bail afresh.
Can I appeal a police bail refusal?
The main avenue is the court, not a review by police. At your first court appearance a proper bail application can be made, so get advice quickly if bail is refused.
What should I do if I get police bail?
Note your court date and comply strictly with any conditions. Breaching a bail condition is a serious matter, so make sure you understand them before you leave the station.
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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