M2 - Learner Manual

Options and conditions can range from being light (e.g. simply residing at a particular residence) to being very onerous (e.g. conditions which have the effect of placing the accused under house arrest except for attending Court) depending upon what the Court thinks is necessary to mitigate any “unacceptable risk”.

The Bail Act 2013 (NSW) sets out the conditions which the Court may impose when granting bail and include: 

·      Conduct requirements: E.g.: reporting, residence, attendance at particular services

·      Security requirements (surety provided by the accused or by another person)

·      Character acknowledgments

·      Accommodation requirements (for children only)

When proposing conditions, it is also important to think about issues which the Court will have concern about and try to propose conditions to overcome any concern the Court may have.

For example, if the accused has an alcohol or other drug dependence and their prior offending has been related to alcohol or other drug use, the Court may think there is an “unacceptable risk” that the accused may commit a serious offence. To mitigate this risk, it may be appropriate to arrange (after seeking instructions) for the accused to be assessed for a residential rehabilitation service. If the accused is assessed as suitable and willing to enter the program, then the Court may grant bail to the accused on condition that they enter in into the treatment program and comply with all directions of that service (conduct requirements).