When someone in New South Wales is charged with a criminal offense, one option to avoid staying in custody before their trial is to apply for bail. Bail can be granted by the police or a court, but in some cases, especially more serious ones, a bail application may need to go to the Supreme Court. Here’s a straightforward guide to help you understand when and how to apply for bail in the Supreme Court of NSW.
When Do You Apply for Bail in the Supreme Court?
In general, bail applications begin at the lower levels, with either the police or a magistrate in a Local Court. However, if bail is denied at these levels, or if the charges are serious and need to be dealt with in a higher court, you may apply for bail in the Supreme Court. A person may turn to the Supreme Court for bail if:
– They’ve been refused bail by the police, a Local Court magistrate, or even a District Court judge.
– Their case will be handled by indictment in the Supreme Court (meaning the charge is serious, like certain drug or violent offenses).
– They’re facing a lower court decision but have already been denied bail in that court.
Who Can Apply for Bail?
The application for bail can be made by the accused or their lawyer. Typically, an accused person will have legal representation, as the process can be complex, and a lawyer can help navigate the requirements and argue the case effectively. If bail has already been granted in a lower court but the prosecution believes it should be revoked, they can make a detention application to keep the accused in custody.
How to Start a Supreme Court Bail Application
Complete the Application for Bail Form
To start, the accused (or their lawyer) must fill out an Application for Bail form. This form includes essential details such as,
- The specific matter for which bail is being sought.
- Contact information for the accused’s lawyer (or indicate if they are representing themselves).
- Proposed bail conditions, including the address where the accused would live if released.
Serving the Form on Relevant Parties
Once filled out, copies of the bail application must be given to,
- The Director of Public Prosecutions (DPP) if it’s a release application.
- The defense, if it’s a detention application from the prosecution.
- Anyone the accused proposes to live with while on bail.
- Any person who may act as a surety (a financial guarantor) for the accused.
Filing the Application
The completed application form should be submitted to the Supreme Court Registry by email, post, or in person. The registry will review the application, and if it’s properly completed, it will be placed on the court’s schedule. If any information is missing, the registry may reject it, and you’ll need to correct the form and refile it before a bail hearing date can be scheduled.
Scheduling a Bail Hearing
Once the application is accepted, the court sets a date for a bail hearing where the judge will consider the case and decide whether or not to grant bail.
Applying for Bail a Second Time in the Supreme Court
If an initial bail application is unsuccessful, the accused may apply again, but they’ll need to demonstrate new grounds to justify a second application. According to Section 74 of the Bail Act, grounds for a second bail application include:
– Legal Representation: The accused was not represented in the first application but now has legal support.
– New Information: Relevant information that wasn’t presented in the first application is now available.
– Change of Circumstances: There’s been a significant change in the accused’s situation.
– Youth Consideration: If the accused is a child, and the previous application was made during their first court appearance for the offense.
A written statement outlining these grounds is required with the second application.
Adjusting Bail Conditions Through the Supreme Court
If someone wants to change their bail conditions, they can apply to the Supreme Court using the same Application for Bail form. If all affected parties agree to the changes, written consent can be submitted, and the change may be approved without needing a court appearance. If consent is not provided, the matter will go before a judge for consideration.
Sureties: Financial Guarantors for Bail
In some cases, the court may require a surety, which is a financial guarantee from someone who agrees to support the accused’s release. The surety completes an Acceptable Person Form Bail Surety Agreement, providing information about their relationship with the accused and financial situation.
Filing Fees and Final Steps
Fortunately, there’s no fee for filing a bail application in the Supreme Court. Once filed and accepted, the case is scheduled for a hearing where the judge will weigh factors like the seriousness of the offense, the accused’s background, and any risks associated with their release.
Summary
Applying for bail in the Supreme Court is an option when lower courts deny bail, but it’s a detailed process that often requires legal guidance. With careful preparation and the support of qualified professionals, the accused has a chance to present their case for temporary freedom while awaiting trial.
If you or a loved one is facing a bail hearing or need assistance navigating the bail application process in the Supreme Court of NSW, Dot Legal is here to help. Our experienced legal team understands the importance of securing bail and will guide you through every step, advocating for your rights. Contact Dot Legal today for a consultation, and let us provide the support and expertise you need.
