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Bail Division – NSW

8 July 2025 by By Lawyers

A new centralised Bail Division has been introduced in the Local Court of NSW to hear weekday adult bail matters from across the State. All matters will be heard by audio visual link.

Practice Note – Bail Division Proceedings has effect from 7 July 2025 and sets out the practice and procedure in the Bail Division, in conjunction with Practice Note – Criminal Crim 1 and Practice Note – Domestic Violence Matters – 2/2012.

All applications will be conducted in open court subject to any orders for restricted access.

The Bail Division will only hear first instance applications for bail by adult applicants who have been refused police bail.

Only applications received by the court before 12 noon will be heard on the day. Any accused who fails to make the deadline will have priority in the next day’s Bail Division list at 9.30 am.

Any documents relied on in support of a bail application must be filed electronically with the registry and sent to the prosecution before the hearing.

Oral submissions are limited to 10 minutes per application for both sides, unless the court allows further time. If a matter is not reached by 4 pm it will be stood over to the next available court day.

When a bail application is made, the court must complete a Summary of Reasons for Bail Decision of Court Form, which is annexed to the Practice Note – Bail Division Proceedings.

For bail applications made on weekends in Centralised Bail Courts, Practice Note – Bail Proceedings (Weekend Centralised Bail Courts) sets out the practice and procedure to be adopted in the proceedings, in conjunction with Practice Note – Criminal Crim 1.

A new Practice Note – Court Closure AVL Proceedings (Downing Centre) provides that unless an order has been made to bring the defendant before the court in person, all hearings scheduled before the Local Court Downing Centre for persons in custody must be conducted by way of audio visual link if it is reasonably practical and the accused or their legal representative consent.

The By Lawyers Local Court – Criminal publication has been updated accordingly.

Filed Under: Criminal Law, Legal Alerts, New South Wales, Publication Updates Tagged With: bail, bail procedure, Criminal (NSW) Guide, criminal law, criminal procedure

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