Criminal Practice Rules 1999

A person who applies to the court for bail or for a variation of bail for a proceeding must serve a copy of the filed application and supporting affidavits or other documents (the copies) on the prosecutor.

The copies must be served at least 2 clear business days before the day on which the application is to be heard (the hearing day), unless—

the court makes an order under rule 6 extending or shortening the time; or

the prosecutor agrees to receiving the copies less than 2 clear business days before the hearing day.

Subrule (1) does not apply if the application is made to the court before which the indictment was presented and the court makes an order, or the prosecutor agrees, that the person may make the application orally.

If a person has previously applied unsuccessfully to a court for bail for a proceeding, the person must state in any supporting affidavit for the application any change of circumstances relied on since the unsuccessful application.

This rule does not apply to an application for bail, or to vary it, made by a party to the trial judge after the jury is sworn under the Jury Act 1995, section 50.