Court Procedures Rules 2006

An application in relation to bail by an accused person must comply with this division.

Pt 6.2 (Applications in proceedings) also applies to an application under this rule.

See approved form 4.8 (Supreme Court application in relation to bail) AF2011-63.

The application must—

state the accused person’s name; and

state briefly the order (or orders) sought.

The application must be supported by an affidavit stating—

the charges (if any) outstanding against the accused person; and

if the accused person has been committed for sentence or trial to the court—that fact, and the date the person was committed; and

if the accused person has been convicted or found guilty of an offence relevant to the application—that fact, the offence and the date the person was convicted or found guilty; and

if the accused person has been sentenced for an offence relevant to the application—that fact, the sentence and the date the person was sentenced; and

if bail has previously been refused for an offence relevant to the application—the reasons bail was refused; and

the accused person’s date of birth; and

whether the accused person has a criminal record; and

if the accused person is in custody—the day the person was placed in custody; and

the day the matter is next listed before a court; and

the informant’s name; and

if the Bail Act 1992, section 9C (Bail for murder), section 9D (Bail for serious offence committed while charge for another pending or outstanding) or section 9E (Bail for person sentenced to imprisonment) applies in relation to the application—the special or exceptional circumstances that exist favouring the grant of bail; and

if a court has made a decision in relation to an application for bail by the accused person and the application is a further application for bail—

for each previous application for bail—

the name of the judge or magistrate who heard the application; and

the date the application was made; and

either—

the change in circumstances relevant to the granting of bail since the last application for bail was made; or

the fresh evidence or information of relevance to the granting of bail that was unavailable when the last application for bail was made; and

See the Bail Act 1992, s 20C (Repeat application for bail—Supreme Court).

if the application is for review of a decision of an authorised officer in relation to bail—

the change in circumstances relevant to the granting of bail since the officer’s decision was made; or

the fresh evidence or information of relevance to the granting of bail that was unavailable when the officer’s decision was made; and

See the Bail Act 1992, s 43 (Power of Supreme Court to review—decision of authorised officer).

if the application is for review of a decision of a court in relation to bail—

for each previous application for bail—

the name of the judge or magistrate who heard the application; and

the date the application was made; and

either—

a change in circumstances relevant to the granting of bail since the court’s decision was made; or

the fresh evidence or information of relevance to the granting of bail that was unavailable when the last application for bail was made; and

See the Bail Act 1992, s 43A (Power of Supreme Court to review—decision of Magistrates Court or Supreme Court).

the conditions (if any) on which bail is sought.

The accused person must serve a stamped copy of the application and supporting affidavit on the director of public prosecutions.

This rule is subject to rule 4723 (Supreme Court application for review of bail by unrepresented accused person).