Applying for Bail in The Supreme Court (NSW)

When a person in New South Wales is charged with a criminal offence, they may be granted bail or remanded in custody. Bail may be granted by police or by a court. In the majority of cases, applications for bail are decided by a magistrate; however, sometimes a person will need to apply for bail in the Supreme Court. This page deals with applying for bail in the Supreme Court in New South Wales.

When do you apply for bail in the Supreme Court?

A person can apply for bail in the Supreme Court when they have been refused bail by the police, by a Local Court magistrate or by a District Court judge.

Applications for bail are generally made in the Supreme Court when a person is in custody on charges that are to be dealt with on indictment in the Supreme Court, or in a matter that is before a lower court after bail has been refused by a magistrate.

Who can make the application?

The accused or their lawyer can make an application for bail (a release application) after bail has been refused by the police or a lower court. The prosecution can make an application for detention of the accused (a detention application) after bail has been granted by the police or a lower court.

Application for Bail Form

An application for bail in the Supreme Court must be commenced by filing an Application for Bail form. This form must be completed with details of the matter in which bail is sought, the details of the accused’s lawyer (or if no legal representation has been secured, the fact the accused will be representing themselves) and the proposed bail conditions including where the accused will live.

A copy of the completed Application For bail Form must be served on the following parties:

• The Director of Public Prosecutions (if it is an application for bail)
• The defence (if it is an application for detention)
• Any person with whom it is proposed the accused lives if granted bail
• Any person who it is proposed provide a surety

Applying for bail in the Supreme Court for the second time

If a person has been refused bail by the Supreme Court and wishes to make another application for bail in the Supreme Court, they must satisfy the court that there are grounds for a second application.

Under section 74 of the Bail Act, the following are grounds for a second application in the same court:

• The person was not legally represented at the first application and now has legal representation;
• Material information relevant to the bail application was not presented at the last application;
• There has been a change of circumstances;
• The person is a child, and the previous bail application was made at their first court appearance for the offence.

When a second application for bail is made in the Supreme Court, a written submission must be made setting out the grounds for a second application. This must be attached to the Bail Application.

Varying bail in the Supreme Court

If a person wants to make an application to the Supreme Court to vary their bail conditions, this can also be done using the Application for Bail Form.

An application to vary bail may be approved without the need for the mater to be mentioned in court if all the parties affected by the variation have provided their consent in writing. If consent has not been provided in writing, the matter will be listed for a bail hearing.

Sureties

Where a person is proposed in a bail application to provide a bail surety, they must complete an Acceptable Person Form Bail Surety Agreement. This form must be completed with detailed information about the person’s relationship with the accused and financial situation  

Filing the application

The Application for Bail Form must be emailed, posted or handed into the Supreme Court Registry. If the application has been properly completed, the matter will be placed in the next callover list before a court registrar. On this day, a date for a bail hearing will be provided. If the application has not been properly completed, it will be rejected. A complete application will have to be filed before the matter will be placed in the callover list to obtain bail hearing date.

There is no fee for filing an application for bail.

If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.

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