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:
What if I
have been refused Bail in the Local Court, Can I apply for Bail in another
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.
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.
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
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.
note that this page or any other pages on our website (including any other
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