On 24 September 2026, the NSW Parliament passed the Justice Legislation Amendment (Miscellaneous) Bill 2026 (No 2). Among other changes, it keeps the strict youth bail test in section 22C of the Bail Act 2013 (NSW) in force until April 2028. The test was due to lapse on 1 October 2026.
If your son or daughter has been charged with car theft or a break and enter offence while already on bail, this law will decide whether they come home. It is a harder test than the one that applies to adults. It is not an automatic refusal. Families who understand how the test works and prepare properly give their child the best chance of release.
The same legislation also changes how courts approach bail for residential rehabilitation, affecting adults as much as young people.
What Changed in NSW Bail Law in September 2026
Section 22C commenced in April 2024 as a temporary measure, initially for 12 months. Parliament extended it in 2025, but only to 1 October 2026. A statutory review of the section recommended extending it to April 2028, and the 2026 legislation delivers that.
For families, the practical effect is simple. Until at least April 2028, courts will decide bail for young people charged with repeat car theft or serious break and enter offences under a stricter test than the one that applies to everyone else.
The legislation also requires courts to explicitly consider whether a residential rehabilitation facility can adequately supervise a person when making a bail decision.
How the Section 22C Youth Bail Test Works
Who the Test Applies To
Section 22C applies only when all three of these conditions are met:
- The young person was aged 14 to 17 when the new offence is alleged to have been committed.
- The new charge is a motor theft offence or a serious break and enter offence, meaning one that carries a maximum penalty of 14 years or more.
- They were already on bail for another offence of the same kind when the new offence allegedly occurred.
Motor theft offences include taking a vehicle without consent and stealing a motor vehicle. Posting material that advertises involvement in these offences, an offence under section 154K of the Crimes Act 1900 (NSW), also counts. If any one of these conditions is missing, the ordinary bail test applies. Our earlier article on changes to bail laws for youth explains how the test was introduced.
What “High Degree of Confidence” Means in Practice
Under the ordinary test, a court asks whether it can manage any bail concerns with conditions. Section 22C adds a further hurdle. A court must not grant bail unless it has a high degree of confidence the young person will not commit a serious indictable offence while on bail, taking into account any proposed conditions.
The court must still assess bail concerns in the usual way first, and must consider whether conditions could reasonably address the risk. The section also states that the prosecution bears the burden of establishing that bail should be refused.
Does Section 22C Mean Bail Will Be Refused?
No. It means the bail plan has to be strong enough to give the court genuine confidence. A persuasive plan usually includes:
- A stable address with a responsible adult who will supervise.
- A clear daily structure, such as school, TAFE, work or a youth program.
- Conditions the court can rely on, such as curfews, reporting and non-association conditions.
- Supporting material from schools, caseworkers or support services.
This is where experience counts. A well-prepared bail application addresses the court’s concerns before they arise. A refusal is not the end of the matter under NSW youth bail laws. If the Children’s Court refuses bail, you can make a further application, including a Supreme Court bail application.
Bail to Residential Rehabilitation: A New Hurdle
Many people charged with offences linked to drug or alcohol use seek bail on the condition that they enter a residential rehabilitation program. Courts must now explicitly consider whether the facility can adequately supervise the person.
Acceptance into a program is no longer enough. A strong application includes evidence of how the facility supervises its residents: staffing levels, curfews, how absences are managed and how breaches are reported to police and the court. We prepare that material in advance so the court has what it needs to grant bail.
What to Do If Your Child Has Been Refused Bail
Act quickly. If a young person is refused bail, they are held in a youth detention centre until their next application is heard. Contact our team as early as possible, ideally before the first court appearance, and gather information to support a bail plan: who your child will live with, their school or work arrangements, and any support services already involved. Write down the names and contact details of anyone who can support the application, such as a grandparent, coach, employer or teacher. The more concrete the plan, the more weight it carries.
