Australia's most decorated soldier Ben Roberts-Smith could be out of custody in just nine days, as his legal team launch a fresh bid for his freedom.

Roberts-Smith, 47, was arrested by Australian Federal Police on Tuesday over allegations that he killed unarmed civilians while deployed in Afghanistan between 2009 and 2012.

He is also accused of failing to stop members of his unit from killing three others.

The Victoria Cross recipient spent the night in Sydney's Silverwater prison but did not front Bail Court himself when his matter was mentioned on Wednesday morning.

He was instead represented by criminal lawyer Jordan Portokalli, who told the court there was no application for bail, and sought to have the matter relisted in Sydney's Downing Centre later on Wednesday.

'In short, we're not making an application for release today,' he said.

The judge listed the matter for brief status on June 4, which meant Roberts-Smith would have been languishing in prison for two months before he was required to front court from a cell.

But by Wednesday afternoon, his lawyers had secured a bail review in the Downing Centre Local Court for April 17. If the application is successful, Roberts-Smith will be released having spent just ten days behind bars. 

The matter also remains listed for brief status on June 4. 

Roberts-Smith was charged with five counts of war crimes following a five-year joint investigation by the AFP and the Office of the Special Investigator (OSI).

Armed AFP officers swooped when Roberts-Smith arrived on a Qantas flight from Brisbane on Tuesday.

He was taken to Mascot police station where he was refused bail. 

Footage captured Roberts-Smith wearing a polo shirt, jeans and cap, being led down a stairway off the aircraft and escorted across the tarmac to a white four-wheel drive. 

A Nine News television camera crew had been waiting at the airport to film the 47-year-old's arrest when the plane touched down.

Nine newspapers first published claims Roberts-Smith had committed war crimes while serving with the SAS in Afghanistan in a series of stories run in 2018. 

At a press conference on Tuesday afternoon, AFP Commissioner Krissy Barrett spoke about the arrest but did not use Roberts-Smith's name.

'It will be alleged the man was a member of the ADF when he was involved in the deaths of Afghan nationals between 2009 and 2012, in circumstances that constitute war crimes under the Commonwealth Criminal Code,' she said.

'It will be alleged the victims were detained, unarmed, and were under the control of the ADF members when they were killed.

'It will be alleged the victims were shot by the accused or shot by subordinate members of the ADF in the presence of and acting on the orders of the accused.'

Commissioner Barrett said the Afghans 'were not taking part in hostilities at the time of their alleged murder'.

The AFP and OSI commenced 53 investigations involving allegations of war crimes by the ADF in Afghanistan, 39 of which are not being actively pursued, subject to further evidence emerging.

Ten investigations into allegations of criminal offences under Australian law related to breaches of the Laws of Armed Conflict by ADF personnel are ongoing. 

One investigation resulted in another former SAS soldier being charged with murder. That case has been listed for trial in February next year in the NSW Supreme Court.

Roberts-Smith sued Nine newspapers and journalists Nick McKenzie and Chris Masters for defamation after they reported he had committed war crimes in Afghanistan.

In 2023, the Federal Court's Justice Anthony Besanko found the claims that Roberts-Smith was responsible for the murder of four unarmed male civilians were substantially true, on the balance of probabilities.

McKenzie and Masters were first to report details of Roberts-Smith's arrest on Tuesday morning.

Roberts-Smith appealed against Justice Besanko's decision to the Full Court of the Federal Court but lost. He was refused leave to further appeal to the High Court.