Deciding bail applications Section 18 of the Bail Act sets out the factors that must be assessed when deciding bail applications. These are: The accused’s background, including their criminal history, circumstances and community ties; The nature and seriousness of the alleged offences; The strength of the prosecution case; Whether the accused has a history of violence; Whether the accused has ever committed a serious offence while on bail; Whether the accused has a history of compliance or non-compliance with court orders including bail orders; Whether the accused has criminal associations; How long the accused is likely to spend in custody if bail is refused; Whether the accused has any special vulnerability that would making being in prison more onerous for them; The accused’s behaviour towards any alleged victims and their families. Read More About Bail Applications in New South Wales