Show Cause Offences in NSW Explained | Bail Lawyer Sydney | Michael Confos
- Michael Confos
- Jul 10
- 4 min read
Show Cause Offences in NSW Explained
If you or a family member has recently been charged with a serious criminal offence in New South Wales, you may have heard the term “show cause” during discussions about bail.
A show cause offence does not automatically mean a person will remain in custody. However, it does mean that additional legal requirements apply before the court considers whether bail should be granted.
Understanding how the show cause requirement operates can help you better understand the bail process and what to expect after an arrest.
If you require urgent legal advice regarding a bail application, visit our dedicated Bail Lawyer Sydney page:
What Is a Show Cause Offence?
The Bail Act 2013 (NSW) identifies certain serious offences that attract what is known as the show cause requirement.
Where this requirement applies, the accused must first satisfy the court why their continued detention is not justified before the court proceeds to the ordinary bail assessment.
Only after the court determines that cause has been shown will it consider whether the accused presents any unacceptable risks that cannot be managed by bail conditions.
Every matter is assessed according to its own facts and circumstances.
Need Urgent Advice About Bail?
If you or a loved one has been charged with a serious offence, obtaining legal advice as early as possible may assist in preparing a bail application.
Learn more by visiting our Bail Lawyer Sydney page:
Which Offences Can Be Show Cause Offences?
The legislation specifies a range of offences that may attract the show cause requirement.
These may include certain serious offences involving:
Firearms.
Serious violence.
Commercial drug offences.
Certain sexual offences.
Certain offences committed while already on bail.
Other offences specified by legislation.
Whether the show cause requirement applies depends upon the precise offence charged and the circumstances of the alleged conduct.
The legislation should always be considered carefully in each individual matter.
Does Show Cause Mean Bail Will Be Refused?
No.
A common misconception is that a show cause offence automatically means the accused cannot obtain bail.
That is not correct.
The show cause requirement simply introduces an additional legal step.
If the court is satisfied that cause has been shown, it must still undertake the ordinary bail assessment required by the Bail Act 2013 (NSW).
Each application depends upon its own facts.
What Does “Show Cause” Actually Mean?
In simple terms, showing cause means persuading the court that continued detention is not justified in the particular circumstances.
The court considers all relevant material placed before it before deciding whether the accused has satisfied this requirement.
There is no single formula that applies to every case.
The outcome depends upon the evidence, the nature of the allegations and the individual circumstances of the accused.
What Happens After Cause Has Been Shown?
If the accused satisfies the show cause requirement, the court then considers whether any unacceptable risks remain.
These risks include whether the accused may:
Fail to appear at court.
Commit further offences.
Endanger victims or members of the public.
Interfere with witnesses or evidence.
The court also considers whether proposed bail conditions adequately address any identified risks.
Preparing a Bail Application
Preparation is often one of the most important aspects of a bail application involving a show cause offence.
Supporting information may include:
Stable accommodation.
Employment details.
Medical material where relevant.
Family support.
Proposed bail conditions.
Other material relevant to the accused’s circumstances.
Preparing this information before the hearing may assist in presenting a properly prepared application.
Can Family Members Help?
Yes.
Family members frequently assist in preparing a bail application by:
Providing accommodation.
Confirming employment arrangements.
Offering practical support.
Assisting with transport.
Helping ensure compliance with proposed bail conditions.
The court may consider this information when assessing the overall circumstances of the application.
What Happens If Bail Is Refused?
If bail is refused, the accused will generally remain in custody unless another lawful avenue becomes available.
The options available depend upon the individual circumstances of the matter and the applicable legislation.
Obtaining legal advice promptly may assist in understanding what options remain available following a refusal of bail.
Speak With Michael Confos
If you or a family member has been charged with a serious offence involving the show cause requirement, obtaining legal advice as early as possible is important.
To learn more about bail applications throughout Sydney, visit our dedicated Bail Lawyer Sydney page:
Continue Reading
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Can Bail Be Refused in NSW?
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Weekend and After-Hours Bail Applications in NSW
Bail Conditions Explained in NSW
Sources
Bail Act 2013 (NSW)
https://legislation.nsw.gov.au/view/html/inforce/current/act-2013-026
Local Court of New South Wales – Criminal Cases
https://localcourt.nsw.gov.au/case-types/criminal-cases.html
NSW Legislation
NSW Communities and Justice
Disclaimer
The information contained in this article is provided for general informational purposes only and does not constitute legal advice. It should not be relied upon as legal advice or as a substitute for obtaining legal advice tailored to your individual circumstances. Every criminal matter depends on its own facts and the applicable law. Reading this article does not create a solicitor-client relationship. Michael Confos is not your lawyer. You should obtain independent legal advice from a qualified Australian legal practitioner regarding your specific circumstances.
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