If your child has been refused bail in New South Wales after being charged with car theft or a serious break and enter, you may not be dealing with the ordinary bail process. You may be dealing with section 22C of the Bail Act 2013 (NSW) — a temporary provision that makes bail much harder to obtain for some young people, and which Parliament has just extended again.
Section 22C was introduced in 2024 as a short-term measure and was first extended in 2025. It was due to end on 1 October 2026. On 24 September 2026, NSW Parliament passed the Justice Legislation Amendment (Miscellaneous) Bill (No 2) 2026, extending it further. For families, that means the strict test will be part of the landscape for some time yet.
Our Sydney criminal lawyers appear in bail applications in the Children’s Court, Local Courts and the Supreme Court. In youth bail matters, the first appearance often decides whether a young person goes home or goes into custody, so acting quickly matters.
What Is Section 22C of the Bail Act 2013 (NSW)?
Section 22C applies where all of the following are true:
- the young person is aged 14 or more but under 18;
- they are charged with a “relevant offence”; and
- the offence is alleged to have been committed while they were already on bail for another relevant offence.
Where section 22C applies, bail must not be granted unless the bail authority has a high degree of confidence that the young person will not commit a serious indictable offence while on bail. That is a much higher bar than the ordinary unacceptable risk assessment.
Importantly, section 22C does not reverse the onus the way “show cause” offences do. The bail authority must still assess the ordinary bail concerns and consider whether conditions could address them, and it remains for the prosecution to establish that bail should be refused. But the young person cannot be released unless that heightened level of confidence is reached.
Which Offences Are “Relevant Offences”?
The provision is targeted, not general. The relevant offences come from the Crimes Act 1900 (NSW):
- Motor vehicle theft offences — including sections 154A, 154C and 154F, which cover offences such as taking a conveyance without consent, car-jacking and stealing a motor vehicle.
- Serious break and enter offences — offences under Part 4, Division 4 that carry a maximum penalty of 14 years imprisonment or more.
The “performance crime” offence in section 154K is also captured where it relates to one of those offences. If your child is facing charges in this category, our Sydney break and enter lawyers can explain where the charge sits and whether section 22C applies at all. Often it does not — and arguing that point can be the first battle worth fighting.
What Happens If Bail Is Refused?
A young person refused bail is held in custody until their matter is finalised or a later bail application succeeds. Remand is serious for a child. It disrupts schooling, separates them from family and support services, and can have consequences that outlast the charge itself.
The Bail Act limits repeat applications, so a poorly prepared first application can cost a young person their best opportunity. A well-prepared application addresses the specific bail concerns with evidence — accommodation, supervision, education or employment, and treatment where relevant.
The September 2026 reforms also require courts to explicitly consider a residential rehabilitation facility’s ability to adequately supervise a person when making bail decisions. Our article on residential rehabilitation programs for bail and sentencing explains how these placements are used.
Where bail is refused, an application to the Supreme Court may be available. See our guide to urgent bail applications for what is involved.
Your Defence Options and How We Can Help
A bail application is not a trial, but it is evidence-driven. The strength of the prosecution case matters. So does the accuracy of the alleged bail history: if the young person was not in fact on bail for a relevant offence at the relevant time, section 22C does not apply.
Beyond bail, the charge itself must be defended. Any defence depends on the facts, as do the sentencing options that may ultimately be available, including conditional release orders in NSW. Where a plea is appropriate, timing matters — our explanation of the early appropriate guilty plea scheme in NSW sets out why.
Hannay Criminal Defence brings extensive criminal law experience and thousands of court appearances to bail work. You can meet the lawyers who will handle your matter on our criminal law team page.
Frequently Asked Questions
Does section 22C apply to children under 14?
No. Section 22C applies only to young people aged 14 or more and under 18. Ordinary bail principles apply to younger children.
Is section 22C permanent?
No. It is a temporary provision with a statutory end date, which Parliament has now extended more than once.
Can we apply for bail more than once?
The Bail Act restricts repeat applications, although there are exceptions — for example, where there is new information or a change in circumstances. That is why the first application should be properly prepared.
Do penalties change because section 22C applies?
No. Section 22C is about bail, not sentencing. Penalties for the underlying offence depend on the charge, the facts and the court’s discretion.
Don’t Wait — Speak to Our Sydney Criminal Lawyers Today
If your child has been charged with car theft or break and enter in New South Wales and bail is in issue, the best recommendation is simple: talk to us now. The worst thing to do is nothing.
Contact our Sydney office on 1800 562 096, call our 24-hour hotline on 1800 617 727, or contact us online. We offer a free initial consultation. If you’re in hot water, you need Hannay Criminal Defence.
This information is general in nature and should not be relied upon as legal advice. Your circumstances are unique, and you should seek tailored legal advice from an experienced criminal lawyer.
