You will note from our previous articles where we discussed ‘Show Cause’ offences, the ‘unacceptable risk’ test as well as ‘Bail Conditions.’ We also discussed an overview of what the word ‘Bail’ means as well as the types of Bail available to the accused person.
The question becomes if you apply for Court Bail and you are refused bail, can you apply for Bail more than once? The answer is Yes, you may make a second bail/ release application if any of the following are met pursuant to section 74 of the Bail Act:
(a) The person was not legally represented when the previous application was dealt with and the person now has legal representation, or
(b) material information relevant to the grant of bail is to be presented in the application that was not presented to the court in the previous application, or
(c) circumstances relevant to the grant of bail have changed since the previous application was made, or
(d) the person is a child, and the previous application was made on a first appearance for the offence.
What if I have been refused Bail in the Local Court, Can I apply for Bail in another Court?
If a person has been bail refused in the Local Court or even the District Court and the person wishes to apply for bail once again and make a further release application and there are no grounds which that person can rely on justifying a further application in the local court, a bail application can then be made in the Supreme Court NSW.
Bail applications heard in the Supreme court are lengthier and there is a process which your lawyer must adhere to with respect to filing of documentation prior to the Bail Hearing and appearing at the Supreme Court Call Over prior to the Bail Hearing to ensure that the necessary documentation has been filed in support of the Bail Application.
Your lawyer must go through the entire process with you with respect to Supreme Court Bail. That entire process is contained in the Supreme Court Practice Note. It should be noted that if bail is refused in the Supreme Court, then bail can be applied for on appeal in the Court of Criminal Appeal pursuant to section 67 of the Bail Act.
It is very important that you speak with a lawyer so that you can get the appropriate legal advice which you require prior to going to court.
Our team of experienced solicitors are there for you and can help you answer all your questions, so be sure to contact Nicopoulos Sabbagh Lawyers.
*This article correctly reflects the Laws of NSW as at 4th July 2022.
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