If a family member or friend has been charged with a criminal offence, a decision will be made about whether they should be released from police custody on bail, or whether they will be refused bail by police.
Bail refers to the decision (by police or the court) to release someone from custody after they have been charged.
When deciding whether to grant someone bail, the bail authority will consider whether there are any bail concerns. If not, unconditional bail (i.e. bail with no conditions) will be granted.
If bail concerns are present, the bail authority must consider whether imposing bail conditions would adequately address or alleviate those concerns. If so, conditional bail (i.e. bail with conditions) will be granted.
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate those concerns, bail will be refused because there is an unacceptable risk.
A decision to grant or refuse someone bail can be made by:
What is a ‘bail authority’?
Bail authority refers to individuals or bodies who are authorised to either grant or refuse bail. This includes a police officer, a Registrar, a Magistrate and a Judge.
What are ‘bail concerns’?
A bail concern is a concern that if someone is granted bail and released from custody, they will:
What does ‘unacceptable risk’ mean?
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate the bail concerns listed above, the court will find that there is an unacceptable risk. Accordingly, bail will be refused.
If a family member or friend has been charged with a criminal offence, a decision will be made by police about whether the person should be released from police custody on bail, or whether they will be refused bail by police.
Police bail refers to the decision by police to release someone from custody after they have been charged.
What conditions can be imposed?
If police are satisfied that there are no bail concerns, unconditional bail (i.e. bail with no conditions) will be granted.
If police are of the opinion that there are bail concerns, but these concerns can be adequately addressed by imposing bail conditions, conditional bail (i.e. bail with conditions) will be granted.
The types of conditions which may be imposed include:
What happens if someone is bail refused by police?
If someone is bail refused by police, they will remain in police custody. Police must bring the person before the Local Court “as soon as practicable” (generally within 24 hours) so that, if they want to, they can apply for bail.
What happens if I breach my bail conditions?
If you have been granted bail but breach your bail conditions, you may be arrested. If the breach is not serious, police may exercise their discretion and either take no action or issue a warning.
If you are arrested for breaching your bail conditions and taken back to court, the prosecutor might make an application to have stricter bail conditions imposed, or to have your bail revoked.
Can I change my bail conditions?
If you need to vary your bail conditions, you must lodge an application with the court. For example, you might seek to reduce the frequency of reporting or change the address which you have been bailed to.
The application must outline your current bail conditions and the change(s) you seek, as well as the reasons why the variation is sought.
If you lodge an application to vary your bail the court will allow submissions to be made from both parties and either allow or refuse your application.
What are ‘bail concerns’?
A bail concern is a concern that if someone is granted bail and released from custody, they will:
What does ‘unacceptable risk’ mean?
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate the bail concerns listed above, the court will find that there is an unacceptable risk. Accordingly, bail will be refused.
Will bail be granted?
This will depend on various factors including the seriousness of the offence(s) they have been charged with, the strength of the prosecution case, the likelihood of a full-time custodial sentence being imposed if they are found guilty, their criminal record and their ability to comply with court orders.
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually forfeited before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
If someone is granted bail, will they be released immediately?
When someone is granted bail, they will be released from custody as soon as they meet their bail conditions and sign a bail acknowledgment form. If a condition of someone’s bail is that an acceptable person deposit a certain amount of money, this will need to be done before the person is released from custody.
What is a bail acknowledgment form?
A bail acknowledgment form is a legal document which states the bail conditions someone is required to comply with. When the document is signed, the person is agreeing to comply with the bail conditions imposed.
If a family member or friend is applying for bail, it is important to know what you can do to help their lawyer prepare for the bail application. You can assist their lawyer by providing certain information and documents which may be used in a bail application.
The Court will usually require supporting documentation to back up what the lawyer is saying in support of an accused being granted bail.
Supporting documentation might be in the form of affidavits or letters to the court. Such documents might be prepared by, for example:
The lawyer might also prepare a list of proposed bail conditions.
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually deposited with the court before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
What should an affidavit or letter to the court include?
While this will depend on the exact nature of the affidavit/letter, below are some general tips:
or
NSW Supreme Court
Why is this relevant to the bail application?
The court needs to assess whether the accused person poses an unacceptable risk to the community. Documentation can help the court make that determination by:
If a family member or friend has been bail refused by police, they will remain in police custody. Police must bring the person before the Local Court “as soon as practicable” (generally within 24 hours) so that, if they want to, they can make a bail application.
If an application for bail is made, a decision will be made by a Magistrate (or in some cases a Registrar) about whether the person should be released on bail, or whether they will remain bail refused.
Local Court bail refers to the decision by a Registrar or Magistrate to release someone from custody after they have been charged.
Can anyone apply for Local Court bail?
Yes. Anyone who has been charged with a criminal offence, and refused bail by police, can make a bail application in the Local Court.
If someone has been charged with a serious offence, they may be required to ‘show cause’ as to why their detention is not justified.
What bail conditions can be imposed?
If the Magistrate is satisfied that there are no bail concerns, unconditional bail (i.e. bail with no conditions) will be granted.
If the Magistrate is of the opinion that there are bail concerns, but these concerns can be adequately addressed by imposing bail conditions, conditional bail (i.e. bail with conditions) will be granted.
The types of conditions which may be imposed include that someone:
What happens if someone is bail refused in the Local Court?
If someone is bail refused in the Local Court, they will remain in custody. There are restrictions on making a second bail application in the Local Court – an accused person cannot reapply for bail in the Local Court unless:
If someone is refused bail in the Local Court, they are entitled to make a further application for bail in the Supreme Court.
What happens if I breach my bail conditions?
If you have been granted bail but breach your bail conditions, you may be arrested. If the breach is not serious, police may exercise their discretion and either take no action or issue a warning.
If you are arrested for breaching your bail conditions and taken back to court, the prosecutor might make an application to have stricter bail conditions imposed, or to have your bail revoked.
Can I change my bail conditions?
If you need to vary your bail conditions, you must lodge an application with the court. For example, you might seek to reduce the frequency of reporting or change the address which you have been bailed to.
The application must outline your current bail conditions and the change(s) you seek, as well as the reasons why the variation is sought.
If you lodge an application to vary your bail the court will hear submissions from both parties and either allow or refuse your application.
Will bail be granted?
This will depend on various factors including for example, whether you are an unacceptable risk, the seriousness of the offence, the strength of the prosecution case, the likelihood of a full-time custodial sentence being imposed, your criminal record and your ability to comply with court orders.
What are ‘bail concerns’?
A bail concern is a concern that if someone is granted bail and released from custody, they will:
What does ‘unacceptable risk’ mean?
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate the bail concerns listed above, the court will find that there is an unacceptable risk. Accordingly, bail will be refused.
What can constitute a ‘change in circumstances’?
If there has been a change in circumstances relevant to bail, an accused person might be able to make a second bail application in the Local Court. What will constitute a change in circumstances will vary on a case-by-case basis. The following examples may be considered a change in circumstances:
What does ‘show cause’ mean?
If someone has been charged with a serious offence, they may be required to ‘show cause’ as to why their detention is not justified.
Some ‘show cause’ offences include:
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually deposited before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
If someone is granted bail, will they be released immediately?
When someone is granted bail, they will be released from custody as soon as they meet their bail conditions. If a condition of someone’s bail is that an acceptable person deposit a certain amount of money, this will need to be done before the person is released from custody.
What documents should be prepared in support of a bail application?
If a family member or friend is applying for bail, it is important to know what you can do to help their lawyer prepare for the bail application. You can assist their lawyer by providing certain documents which may be used in a bail application.
If a family member or friend has been bail refused in the Local Court, they will remain in custody. There are restrictions on making a second bail application in the Local Court, but an accused person is entitled to make a further application for bail in the Supreme Court.
Supreme Court bail refers to the decision by a Supreme Court Judge to release someone from custody after they have been charged.
Once a Supreme Court bail application is lodged it can take approximately 6-8 weeks until the application is heard.
Can anyone apply for Supreme Court bail?
Yes, so long as an application was made, and bail was refused in the Local Court.
What bail conditions can be imposed?
If the Judge is of the opinion that there are bail concerns, but these concerns can be adequately addressed by imposing bail conditions, conditional bail (i.e. bail with conditions) will be granted.
The types conditions which may be imposed include that someone:
What happens if someone is bail refused in the Supreme Court?
If someone is bail refused in the Supreme Court, they will remain in custody. There are restrictions on making a second bail application in the Supreme Court – an accused person cannot reapply for bail in the Supreme Court unless:
If someone is refused bail in the Supreme Court, they can make a further application to the NSW Court of Criminal Appeal.
What happens if I breach my bail conditions?
If you have been granted bail but breach your bail conditions, you may be arrested. If the breach is not serious, police may exercise their discretion and either take no action or issue a warning.
If you are arrested for breaching your bail conditions and taken back to court, the prosecutor might make an application to have stricter bail conditions imposed, or to have your bail revoked (a detention application).
Can I change my bail conditions?
If you need to vary your bail conditions, you must lodge an application with the court. For example, you might seek to reduce the frequency of reporting or change the address which you have been bailed to.
The application must outline your current bail conditions and the change(s) you seek, as well as the reasons why the variation is sought.
If you lodge an application to vary your bail the court will hear submissions from both parties and either allow or refuse your application.
Will bail be granted?
This will depend on various factors including for example, whether you are an unacceptable risk, the seriousness of the offence/s, the strength of the prosecution case, the likelihood of a full-time custodial sentence being imposed, your criminal record and your ability to comply with court orders.
What are ‘bail concerns’?
A bail concern is a concern that if someone is granted bail and released from custody, they will:
What does ‘unacceptable risk’ mean?
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate the bail concerns listed above, the court will find that there is an unacceptable risk. Accordingly, bail will be refused.
What can constitute a ‘change in circumstances’?
If there has been a change in circumstances relevant to bail, an accused person might be able to make a second bail application. What will constitute a change in circumstances will vary on a case-by-case basis. The following examples may be considered a change in circumstances:
What does ‘show cause’ mean?
If someone has been charged with a serious offence, they may be required to ‘show cause’ as to why their detention is not justified.
Some ‘show cause’ offences include:
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually deposited with the court before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
If someone is granted bail, will they be released immediately?
When someone is granted bail, they will be released from custody as soon as they meet their bail conditions and sign a bail acknowledgment. If a condition of someone’s bail is that an acceptable person deposit a certain amount of money, this will need to be done before the person is released from custody.
What documents should be prepared in support of a bail application?
If a family member or friend is applying for bail, it is important to know what you can do to help their lawyer prepare for the bail application. You can assist their lawyer by providing certain documents which may be used in a bail application.
If a family member or friend has been bail refused in the NSW Supreme Court, they will remain in custody. There are restrictions on making a second bail application in the Supreme Court, but an accused person is entitled to make an application for bail in the Court of Criminal Appeal.
The Court of Criminal Appeal can also consider bail applications if an appeal has been allowed and a re-trial ordered.
Court of Criminal Appeal bail refers to the decision by Judges in the Court of Criminal Appeal to release someone from custody whilst they are waiting for their matter to be finalised.
If an application for bail is made in the Court of Criminal Appeal it can take approximately 10 weeks until the application is heard.
Can anyone apply for bail in the Court of Criminal Appeal?
Yes, so long as an application has been made and bail was refused in the Supreme Court.
What bail conditions can be imposed?
If the Judges are of the opinion that there are bail concerns, but these concerns can be adequately addressed by imposing bail conditions, conditional bail (i.e. bail with conditions) will be granted.
The types of conditions which may be imposed include that someone:
What happens if someone is bail refused in the Court of Criminal Appeal?
If someone is bail refused in the Court of Criminal Appeal, they will remain in custody awaiting the finalisation of their matter. There are restrictions on making a second bail application in the Court of Criminal Appeal – an accused person cannot reapply for bail unless:
What happens if I breach my bail conditions?
If you have been granted bail but breach your bail conditions, you may be arrested. If the breach is not serious, police may exercise their discretion and either take no action or issue a warning.
If you are arrested for breaching your bail conditions and taken back to court, the prosecutor might make an application to have stricter bail conditions imposed, or to have your bail revoked (a detention application).
Can I change my bail conditions?
If you need to vary your bail conditions, you must lodge an application with the court. For example, you might seek to reduce the frequency of reporting or change the address which you have been bailed to.
The application must outline your current bail conditions and the change(s) you seek, as well as the reasons why the variation is sought.
If you lodge an application to vary your bail the court will hear submissions from both parties and either allow or refuse your application.
Will bail be granted?
This will depend on various factors including for example, whether you are an unacceptable risk, the seriousness of the offence/s, the strength of the prosecution case, the likelihood of a full-time custodial sentence being imposed, your criminal record and your ability to comply with court orders.
What are ‘bail concerns’?
A bail concern is a concern that if someone is granted bail and released from custody, they will:
What does ‘unacceptable risk’ mean?
If the bail authority is of the opinion that the imposition of bail conditions would not adequately address or alleviate the bail concerns listed above, the court will find that there is an unacceptable risk. Accordingly, bail will be refused.
What can constitute a ‘change in circumstances’?
If there has been a change in circumstances relevant to bail, an accused person might be able to make a second bail application in the Court of Criminal Appeal.
What will constitute a change in circumstances will vary on a case-by-case basis. The following examples may be considered a change in circumstances:
What does ‘show cause’ mean?
If someone has been charged with a serious offence, they may be required to ‘show cause’ as to why their detention is not justified.
Some ‘show cause’ offences include:
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually deposited with the court before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
If someone is granted bail, will they be released immediately?
When someone is granted bail, they will be released from custody as soon as they meet their bail conditions and sign a bail acknowledgment. If a condition of someone’s bail is that an acceptable person deposit a certain amount of money, this will need to be done before the person is released from custody.
What documents should be prepared in support of a bail application?
If a family member or friend is applying for bail, it is important to know what you can do to help their lawyer prepare for the bail application. You can assist their lawyer by providing certain documents which may be used in a bail application.
If a family member or friend has been granted bail (either by the police or the Court), a person will need to ‘enter into bail’ before they are released into the community.
If a person is granted bail by police, they will be provided with a ‘bail acknowledgement’ to sign.
This document will include:
It will also include information on how to apply to the court to vary your bail conditions. The person will sign the acknowledgement, and a Police officer will certify that the person understood the document that they were signing.
How does a person ‘enter into bail’ at a court?
If a person is granted bail by a court, a similar bail acknowledgement will be prepared for them to sign. This is then signed by the person, and an authorised officer before a person is released.
Split bail refers to bail conditions being met, and bail acknowledgments being signed at different locations. This enables bail to be entered by a person who is appearing at court remotely (by AVL) from a police station or a correctional centre.
What is surety?
Surety refers to a sum of money or property that will be forfeited by a bail guarantor if someone fails to appear before the court. The sum of money (or property) can be secured (actually deposited with the court before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person’?
An acceptable person is a person who:
If someone is granted bail, will they be released immediately?
When someone is granted bail, they will be released from custody as soon as they meet their bail conditions and sign a bail acknowledgment. If a condition of someone’s bail is that an acceptable person deposit a certain amount of money or provide security, this will need to be done before the person is released from custody.
How does a person deposit money to a Court Registry?
It may be a condition of a person’s release on bail that an amount of surety be paid to the bail authority.
An acceptable person may enter into an agreement to forfeit bail money. They do not need to deposit the money with the bail authority prior to the person’s release from custody, however, if the person fails to appear in court in accordance with their bail acknowledgement, then that money will need to be forfeited. This is referred to as ‘unsecured surety’.
If an acceptable person agrees to deposit money with the bail authority as a condition of their bail, this will need to be done prior to the person’s release from custody. This is referred to as ‘secured surety’ and it is preferred over ‘unsecured surety’.
In order to deposit cash as bail money, you will need to declare on the acceptable person form that it is your money. You will also need to show documentation as evidence of this, such as a bank statement and a withdrawal receipt. You have to provide evidence that the money has been in your possession (i.e. your bank account).
How does a person lodge property as bail security?
A person may deposit property they own as security but it is a much more complex process than depositing money. This is because the Court needs to be satisfied of the value of the property and understand what competing interests there are on the property.
If you own the property with no mortgage or caveats, you will need to lodge the following documents with the court registry in order to register your property as security for bail:
The caveat form will be registered with the NSW Land Registry Services to verify that the court has an interest in the property. The mortgage form will not be registered unless the person released on bail does not attend court.
If the property that you wish to lodge as security has a mortgage, you will also need to file a letter from the lender whose mortgage appears on the Certificate of Title declaring the amount owing on the loan and whether they consent to a further mortgage being entered into.
If there are other registered caveats on the land, additional material will need to be filed. This will depend on the nature of the caveat and you should seek further legal advice should your property be encumbered by a caveat.
How does a person surrender a passport as a condition of their bail?
If a person has a condition that they must surrender their passport before they are released from custody, they are usually required to surrender it to a court registry or Police station. In circumstances where that person is in custody and cannot physically deposit the passport with the registry or Police station, they will need to seek assistance from someone in the community to assist them so they can surrender their passport prior to being released from custody.
If the person does not have anyone who can assist them in collecting and depositing their passport at the registry or Police station, the court should be advised of this at the bail application. The Court may then be able to make it a condition that they deposit the passport within 24 hours of their release, rather than making it a ‘pre-release condition’.
Where do people granted bail get released from?
If a person is granted bail by the Police, they will be released from the Police station.
If the person is refused bail by the Police, they will usually be held in Police custody until there matter is listed in court. This is done at the earliest available opportunity and will be either later that day or the next day.
If a person is granted bail by the court soon after their arrest, they will be released from the Police station.
If a person is brought before the court and they do not make an application for bail at this early stage, they will be transferred to a correctional centre. If they make an application for bail at a later stage, they will be released from the correctional centre later that day or the next day.
When do people get released from custody?
A person will usually be released from a Police station or a correctional centre soon after they are granted bail.
However, if there is a ‘pre-release condition’ then this condition will need to be complied with prior to the person’s release. The requirement to have security in the form of property is commonly made a pre-release condition. The time required to prepare the documents in these types of matters are significant and to avoid any delay in the releasing a person on bail, it is important to be organised and prepare this documentation well in advance of the bail application.
What is surety?
Surety refers to a sum of money or property that will be forfeited if someone fails to appear before the court. The sum of money (or property) can be secured (actually forfeited before someone is released on bail) or unsecured (an agreement to forfeit the money or property if the person breaches their bail). The person who puts up the surety must be an acceptable person.
When lodging surety with the court, an acceptable person will be required to provide supporting documentation to verify the source of the money or property. It is best to check with the court what documentation is required as soon as possible after a bail decision is made.
What is an ‘acceptable person form’?
An acceptable person form is a form that is completed and signed by an acceptable person who declares:
Can I change my bail conditions?
If you need to vary your bail conditions, you must lodge an application with the court. For example, you might seek to reduce the frequency of reporting or change the address which you have been bailed to.
The application must outline your current bail conditions and the change(s) you seek, as well as the reasons why the variation is sought.
If you lodge an application to vary your bail the court will hear submissions from both parties and either allow or refuse your application.
If a family member or friend has been bail refused, you will no doubt have many questions, including where they are located and how to contact them. In this section you will find answers to some frequently asked questions.
When someone is bail refused by police, they will remain in police custody. Police must bring the person before the Local Court “as soon as practicable” (generally within 24 hours) so that, if they want to, they can apply for bail.
What happens when someone is bail refused in the Local Court, or does not apply for bail?
When someone is bail refused in the Local Court, or does not apply for bail, they will remain in custody until either:
When someone has been bail refused in the Local Court, they are transferred from police custody into Corrective Services custody.
Can I visit someone in police custody?
Sometimes, but not always. When an accused is in police custody they must be allowed to call a friend or relative so that someone knows where they are.
If you attend the police station, you may be able to speak to the accused in person, however this is not always the case. If police think, for example, that you may interfere with the police investigation, you will not be allowed to speak to the accused.
Can I visit someone in Corrective Services custody?
Yes, but not straight away. When someone is first bail refused by the court, they will usually go to a temporary Corrective Services facility until a bed becomes available in a jail. Sydney’s two main temporary facilities are in Surry Hills and Emu Plains. You are not allowed to visit someone who is in a temporary Corrective Services facility, however they may be able to call you.
When a bed becomes available in a correctional complex (jail), the person will be transferred to that jail. When someone has been moved to a jail, they are referred to as an inmate.
How do I locate an inmate?
To find out where an inmate is, call Sentence Administration on (02) 8346 1000 (Monday – Friday between 8.30am and 4.30pm).
You will need to provide Sentence Administration with the inmate’s full name and date of birth. If you do not know it, you should also ask what the inmate’s MINis, as you will need this to book a visit. MIN stands for Master Index Number, which is a 6-digit identification number.
If an inmate is in transit, their location (and destination point) will not be disclosed and you will have to call back later.
Can I visit an inmate in jail?
Yes. To book a visit you should contact the relevant jail. Contact details for all jails in NSW can be found on the NSW Corrective Services website. Visiting hours vary from one jail to another. There are also limits to the number of visits allowed per week and the number of visitors allowed per visit.
When making a booking, you will need the following details:
What will happen the first time I visit a jail?
Firstly, make sure you have booked a visit. Be sure to take an approved form(s) of identification with you (see the Visiting a Correctional Centre leaflet on the NSW Corrective Services website) so you can be allocated a VIN and be entered into the biometric identification system.
The biometric identification system is used to photograph a visitor’s face, scan their eyes and capture their fingerprints. This information will be captured at your first visit to a jail and is used on subsequent visits to confirm your identity.
What else do I need to know when visiting an inmate?
You will have to go through security scanning and you may be subjected to a search by a Correctives Services officer. To verify your identity, you may be asked to remove a face covering which prevents your face from being wholly or partially seen.
You must not take any prohibited items (mobile phones, drugs, weapons etc) into a visit. You are also required to leave your personal items (wallet, cigarettes, mobile phones etc) in a secure locker. It is a good idea to take some $1 and $2 coins for these lockers.
Most jails have vending machines in the visits area. It is a good idea to take some coins (in a small plastic bag) into the visit with you so that you can use the vending machine. Sometimes there is a limit on the amount of money you are allowed to take in with you.
You are only allowed to bring in limited items for an inmate, and items cannot be given directly to inmates. More information in relation to this can be found on the NSW Corrective Services website.
Can I send clothes to a friend or relative who is in jail?
There are some restrictions on the type and amount of property inmates are allowed to have. You should contact the jail to find out what items may be sent to an inmate. Contact details for all jails in NSW can be found on the NSW Corrective Services website.
How do I deposit money into an inmate’s account?
Inmates rely on money from family and friends to purchase discretionary items (‘buy-ups’) such as toiletries, magazines, confectionary, snacks and healthier food options, as well as to make telephone calls while in custody.
Cash and cheque deposits are not accepted at any jail. To deposit money into an inmate’s account, you can either electronically deposit money using BPAY or make a deposit at any post office. Payments usually take 2 working days to process.
A maximum of $100 can be deposited per transaction and an inmate can receive up to $600 per month.
To deposit money you will need:
Can an inmate telephone me?
Yes. Inmates are allowed to nominate up to 10 personal numbers on their phone list. The maximum call duration is 6 minutes and calls can only be made at certain times.
It is important to note that all telephone calls are recorded and monitored.
How else can I contact a friend or relative in jail?
You cannot make a telephone call to an inmate, but you can post letters. Make sure you write the inmate’s full name and MIN number on the envelope. Contact details for all jails in NSW can be found on the NSW Corrective Services website.
It is important to note that all letters are reviewed by Correctives Services before being given to the inmate.
Where else can I get more information?
Community Restorative Centre Inc. (CRC) is a community organisation dedicated to supporting prisoners, ex-prisoners and their families and friends. More information can be found at www.crcnsw.gov.au or by calling (02) 9288 8700.
SHINE for Kids is a community organisation which provides services for families and in particular for children who have a parent in custody. More information can be found at www.shineforkids.org.au or by calling (02) 9714 3000.
Hugo Law Group is a law firm that is focused on protecting and defending your rights. Drawing on decades of experience, our team of criminal lawyers will guide you through the legal process, providing comprehensive, honest and strategic advice – qualities that give us our renowned reputation.
Whether you want to plead not guilty, you are looking to secure the best possible sentence, or a loved one wants to apply for bail, it is essential to have an experienced team of criminal defence lawyers in your corner.
Seeking comprehensive and practical advice at an early stage will best ensure your rights and interests are protected. Our lawyers will properly prepare and present your case to assist you in getting the best possible outcome.
At Hugo Law Group, we will clearly explain what your rights and obligations are so that you can make informed decisions about how to deal with the police and the court process.
Even if you have not yet been charged with a criminal offence, you should seek advice from a lawyer at an early stage to ensure that your rights and interests are protected.
Hugo Law Group is the market leader in criminal defence law, providing exceptional representation to people facing serious criminal charges.
As leaders in criminal defence, we know that every story has two sides. We defend yours.
Get in contact with us today or feel free to call us at 02 9696 1361 (Sydney), 02 5104 9640 (Canberra), 08 6255 6909 (Perth), or 07 5552 1902 (Northern NSW) and find out how we can help you.