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Stage 3 - at court

What to bring to court

It is important to dress cleanly and neatly when you go to court.

Make sure you bring all copies of your documents to court. These include:

  • your 'application for bail'
  • your 'affidavit'
  • letters of support
  • draft 'bail order'

Prepare a checklist for your bail hearing listing the main reasons why you want bail.

If you are asked whether you have something to say, have your important statements written on one page ready to present. This is easier than flicking through the pages of your 'affidavit' and 'application for bail'.

What to do in court

  1. You will be escorted into the court room and shown where to sit.
  2. The Crown will provide you with a copy of the material they intend to rely on.
  3. The judge will ask the Crown to indicate what material they have for the judge to read, and may ask if you have further material such
    as supporting letters to give the court.
  4. The judge will ask everyone to be seated and will read the material.
  5. The judge will ask the Crown to make their submissions. This means they state why they think you should not get bail, or the Crown may tell the judge your bail application is not opposed.

You should address the judge as 'Your Honour'. 

If the prosecutor says something you disagree with, do not interrupt. You will be given an opportunity to state your case later.

The judge will ask you for submissions to support your application. This means you have to repeat the important information included in your 'affidavit' and highlight any letters of support you have. It is not enough to rely on the fact that this information is contained in the 'affidavit'.

Stress the important parts of your application and explain these in detail. Do not argue whether you are guilty or not guilty of the charges or what your defence is.

Anything you say at your bail hearing can be used against you at your trial.

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