Being charged with a criminal offence raises an urgent question straight away. Will you go home, or will you stay in custody until the case is heard? The answer depends on bail. Each state and territory has its own bail laws, so the details vary across Australia.

This guide explains how bail works in general terms. It uses New South Wales as the main example, because its process is set out clearly by Legal Aid NSW. Victoria and the other states have their own Acts with different tests.

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