Criminal Practice Rules 1999

This rule applies subject to the Bail Act 1980, section 30.

A prosecutor who applies to the court for an order revoking or varying an accused person’s bail must serve a copy of the filed application and any supporting affidavits or other documents (the copies) on the accused person and the accused person’s surety, if any.

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 accused person and the accused person’s surety, if any, agree in writing to attend on the hearing day despite receiving the copies less than 2 clear business days before the hearing day.

Subrule (2) 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 accused person and the accused person’s surety, if any, agree, that the prosecutor may make the application orally.

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