If police want to speak with you
You are generally not obliged to take part in a police interview, and anything you say may be used as evidence. Whether to answer questions, provide a statement or decline to be interviewed is a decision best made after legal advice about the particular allegation.
In limited circumstances, NSW law allows an inference to be drawn when a person who has been given a special caution does not mention a fact they later rely on. That is one reason early advice matters.
We can advise before an interview, speak with the officer in charge, and explain what police may and may not require of you, including in relation to searches, forensic procedures and identification.
How bail works in NSW
Bail is governed by the Bail Act 2013 (NSW). The court must consider whether there is an unacceptable risk that the accused person will fail to appear, commit a serious offence, endanger the safety of victims, individuals or the community, or interfere with witnesses or evidence, and whether bail conditions can address any such risk.
For certain serious charges, known as show cause offences, the accused person must first show why their detention is not justified before the court considers unacceptable risk.
A bail application is usually strongest when it is supported by a practical plan: a suitable address, any surety, reporting arrangements and conditions directed to the specific concerns raised by police.
Further bail applications
Where bail has been refused, the Bail Act generally prevents a further application to the same court unless the person was not legally represented on the earlier application, or new information or a material change in circumstances is presented. Careful preparation of the first application is therefore important.
Our work in police and bail matters
- Advice before a police interview or when police make contact
- Advice following arrest and charge, including on the court attendance notice
- Local Court bail and release applications
- Supreme Court bail applications, including after refusal in the Local Court
- Applications to vary bail conditions
- Responding to detention applications and alleged breaches of bail
- Search warrants, police powers and the return of seized property
Frequently asked questions
Should I attend a police interview?
Do not make that decision without advice. Attending a police station by arrangement is different from taking part in a recorded interview. We can advise you on the allegation and your options before you speak with police.
Can family members help with bail?
Often, yes. A family member may be able to provide accommodation, act as a surety or give evidence about supervision arrangements. We explain what the court will need to see and prepare that material with you.
What if a bail condition is too restrictive?
An application can be made to vary bail conditions. The prosecution's position is usually sought first, and some variations can be agreed without a contested hearing.
This page is general information about the law in NSW and our work. It is not legal advice about your situation. Procedures, penalties and deadlines depend on the charge and can change.