News · Criminal law explainer
What happens if your bail is refused in NSW?
Being refused bail is one of the hardest moments in a criminal case, but it is not the end of the road. There are avenues to seek release, and time in custody is not wasted. This note explains what happens after a bail refusal in New South Wales, when you can apply again, and how to prepare a fresh application.
By Aaron Kernaghan · Published 3 September 2026
If a court refuses bail you are remanded in custody while your matter proceeds, but a refusal is not final. You can make a further bail application if there is a ground under section 74, such as new information or a change in circumstances, and you can apply to the Supreme Court. Time on remand is credited towards any sentence. The key is to prepare a stronger application, not to relist the same one.
What happens immediately?
If a court refuses bail, you are remanded in custody, which means you are held in a correctional centre while your matter continues. You are still awaiting the outcome and are presumed innocent. Your matter is adjourned to the next relevant date and proceeds from there.
A refusal on the first appearance is common for serious matters, because the material for a strong application often is not ready that day. It does not mean bail is impossible.
Can you apply again?
Yes, but not by simply relisting the same application. Section 74 of the Bail Act allows a further application in the same court only where there is a ground, such as new information, a change in circumstances, the person now being represented, or a child on a first appearance. Our note on applying more than once explains this.
So the path after a refusal is to build a stronger application, addressing the reasons bail was refused and presenting new material or changed circumstances.
The Supreme Court option
You can also apply to the Supreme Court for bail after a lower court has refused it. The Supreme Court is a common avenue, particularly after a Local Court refusal, and it considers the matter with fresh, detailed material. It applies the same statutory tests.
A Supreme Court bail application is a significant step, prepared with care. It is often where release is achieved after an initial refusal.
Does the time count?
Yes. Time spent on remand is credited towards any sentence later imposed, usually by backdating. So the time is not lost. Our note on credit for time served explains how.
In some cases, where a person has served time on remand that would meet or exceed a likely sentence, that itself becomes a powerful reason for release or a non-custodial outcome.
How to prepare a stronger application
A stronger application addresses the unacceptable risk test head on: a stable address, sureties, a treatment or support plan, and anything that reduces the risk the court was concerned about. New material and genuine change in circumstances are what open the door.
Get advice quickly. The sooner the material is gathered, the sooner a proper application can be made, in the same court or the Supreme Court. Preparation is what turns a refusal into a release.
Frequently asked.
What happens if bail is refused in NSW?
You are remanded in custody while your matter proceeds. You are still awaiting the outcome and are presumed innocent. A refusal is not final; you can seek release again.
Can I apply for bail again after a refusal?
Yes, but not by relisting the same application. Section 74 of the Bail Act allows a further application only where there is a ground, such as new information or a change in circumstances, and you can apply to the Supreme Court.
Can the Supreme Court grant bail after a refusal?
Yes. The Supreme Court can hear a fresh bail application after a lower court has refused bail. It is a common avenue, particularly after a Local Court refusal, and applies the same tests.
Does time on remand count if I am refused bail?
Yes. Time spent on remand is credited towards any sentence later imposed, usually by backdating, so it is not lost.
How do I get bail after being refused?
By preparing a stronger application that addresses the unacceptable risk test, with a stable address, sureties, a support plan, and new material or changed circumstances. Get advice quickly to gather it.
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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