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The judge's decision

The judge has three options.

1. The judge can grant you bail

If the judge grants you bail, certain conditions will follow. For example, you may have to provide a surety and report regularly to your local police station. You will be taken back to the correctional centre to be released.

If you have to provide a surety, the person providing the surety must come to the correctional centre or the local magistrates court to sign an 'affidavit of justification'. People providing sureties must sign this 'affidavit' and the surety must bring with them at least two forms of photo identification and all relevant documents - for example, bank statements or copies of property deeds.

The judge may use your 'bail order', add or delete clauses from your 'bail order', or require a new 'order' to be drafted by the Director of Public Prosecutions.

2. The judge can refuse bail

If the judge refuses to grant you bail, you can apply again if your circumstances change. For example, you may not have had a surety for this application but you may be able to organise one now.

3. The judge can adjourn the application

The judge may adjourn the hearing of your application because they may need further information from you or the Crown. For example, are you able to obtain a place in a live-in drug rehabilitation program?

If the judge fixes a date for the hearing, you will attend court on that date.

If the judge adjourns the hearing of the application to a date to be fixed, you set the next court date by writing a letter to the supreme court (see sample), attaching a copy of your 'application for bail' to the letter and requesting another court date. The supreme court will inform you of the date. You must then write to the Director of Public Prosecutions to tell them the new court date.

Letter to the supreme court

Registrar of the supreme court
(address of Registrar)

Dear Sir/Madam

I attended before the supreme court on (date) where it was ordered that my bail application be adjourned to a date to be fixed. I am now ready to proceed with my application and request a chamber date as soon as possible.

Yours sincerely

(your signature)
(your name)
(file number)

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