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Important - court directive

The following directive regarding self-represented bail applications has been produced by the court and must be complied with.

Self-represented bail

Applicants for bail in the supreme court who apply without legal representation should bear the following considerations in mind:

  • They should verify that the application deals with the charges they are held on by contacting the sentence management section at their correctional institution, through the bail clerk if there is one at their institution.
  • Their supporting affidavit should state whether or not Legal Aid has been applied for in respect of the application; if it has, it should be stated whether the application has been refused, accepted or is still outstanding.
  • The affidavit should also contain the information dealt with in the bail kit and deal with the issues raised in the kit which apply to the particular case.
  • Letters to be relied on at the application from:
    • accommodation providers
    • drug rehabilitation centres
    • employers or potential employers
    • proposed sureties
    • persons otherwise offering support
    should contain sufficient information (name, address, telephone number at least) to allow inquiries to be made.
  • Applicants should bear in mind that acceptance into any rehabilitation programs may be conditioned on accommodation being available. The court may impose a condition that release is subject to accommodation and suitable transport being available.
  • All material to be produced to the judge at the bail application, whether in the form of affidavits, letters of support or otherwise, should be provided to the Director of Public Prosecutions sufficiently prior to the application to allow it to be evaluated, and where necessary, checked.
  • Producing sworn or unsworn documents at the hearing for the first time is discouraged. It is likely that doing so will result in an adjournment so that the material can be sworn and any necessary investigation carried out by the Director of Public Prosecutions.
  • It should be clearly understood that there is no advantage but probable disadvantage in an application for bail without the Director of Public Prosecutions having been supplied with all the material intended to be relied on and given reasonable time to evaluate it and make any necessary inquiries. The two clear days provided for by the Rules of Court are unlikely to be sufficient in many cases.
  • The disadvantage of failing to provide all the material and allow a reasonable time is that the application may be dismissed or adjourned. If the application is dismissed, the applicant will have to commence the process all over again (and, if it is dismissed after a hearing, will not be permitted to bring a fresh application without demonstrating a change in circumstances). If it is adjourned, it will be adjourned sufficiently far ahead to allow for evaluation and inquiries and for the court to accommodate other demands for its time.
  • If there are any difficulties in complying with these requirements, contact:
    • Prisoners' Legal Service on 07 3846 3384 or 1800 813 940
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