Supreme Court Bail Applications in NSW (Complete Guide 2024)
Supreme Court Bail Applications in NSW (Ultimate Guide)
*Disclaimer: The information provided in this blog post is intended for informational purposes only and should not be considered as legal advice.*
Navigating the criminal justice system can be a daunting experience, especially when you or a loved one is arrested and facing charges. One of the most crucial phases in this journey is securing bail, which allows an accused person to remain free until the completion of their court case. In New South Wales (NSW), bail applications can be heard in several types of courts, including Local, District, and Supreme Courts. This article focuses on Supreme Court bail applications, exploring what they are, when they are appropriate, and how they work.
What is a Bail Application?
In the simplest terms, a bail application is a formal request to a court for an accused person to be released from custody while their criminal matter is ongoing. The purpose of bail is not to serve as a pre-trial punishment, but rather to ensure the accused person attends future court proceedings and complies with any other conditions the court deems necessary.
When is a Supreme Court Bail Application Necessary?
An application to the Supreme Court for bail can be made after an application in the Local Court has been refused. Only the Supreme Court has the power to grant bail where a lower court has refused it.
The Process of a Supreme Court Bail Application
Preparing the Application
Preparing for a Supreme Court bail application is a meticulous task that requires thorough preparation. This often involves gathering evidence about employment, community ties, residence, rehab admission and surety and had to be prepared in affidavit format.
The whole application, including written submissions, must be prepared before the application is filed with the court. There are usually a number of court dates before a hearing date is given.
The Hearing
The Supreme Court bail application is usually more formal than those in lower courts. Both the prosecution and the defence present their arguments, and the presiding judge may question both sides to understand the factors at play.
Factors Considered
The Court considers various factors while deciding on bail applications, such as:
The seriousness of the offence.
The strength of the prosecution's case.
The applicant's criminal history, if any.
The likelihood of the accused person appearing at future court proceedings.
Any risks to the community if the accused is released on bail.
The Outcome
The outcome can be either an approval or a refusal of bail. If bail is granted, conditions may be imposed such as reporting to the police, surrendering passports, or providing a surety.
Reapplying for Bail in the Supreme Court NSW
Typically, a person has only one opportunity to submit a bail application to the Supreme Court. Nevertheless, the court can allow subsequent bail applications under certain conditions, as specified in Section 74 of the Bail Act 2013. These special conditions include:
1. Legal Representation Acquired: If the individual was without legal representation during the original bail application and has since obtained a lawyer, a new bail application may be considered.
2. Introduction of Fresh Information: If there is new, substantive information that wasn't previously submitted to the court, this may provide grounds for a second bail application.
3. Altered Circumstances Affecting Bail: If there has been a significant change in the circumstances that are relevant to the bail decision since the last application, a new application may be permitted.
Can I apply for bail if my case is awaiting appeal?
Yes, you can submit a bail application even if your case is currently being appealed. The chances of your appeal succeeding play a crucial role in whether or not the bail application will be granted. Nonetheless, the application must still meet the criteria outlined by the "show cause" and "unacceptable risk" tests.
'Show Cause' Requirements in Supreme Court Bail Applications
A lot of bail applications in the Supreme Court relate to what are known as 'show cause' offences. These are specific offences or charges where the person applying for bail must “show cause” as to why their continued detention in custody is not justified. If a person applying for bail cannot show cause, the court must refuse bail. The show cause requirements also apply to applications made in the lower courts where those specific offences have been charged.
There are a number of offences for which “show cause” applies, which are set out in Section 16B of the Bail Act 2013, including:
Offences that carry a life sentence;
Specific firearms offences;
Supply or importation of drugs and other drug offences;
Serious crimes committed while the defendant was already on bail for another matter.
The 'Unacceptable Risk' Test in Bail Applications
After successfully meeting the requirements of the 'show cause' test, the court must then determine whether there are any ‘unacceptable risks’.
As outlined in Section 17(2) of the Bail Act 2013, 'bail concerns' is a concern that the accused person may do one or more of the following if released from custody:
fail to appear in court;
commit a serious offence;
Endanger the safety of victims, individuals or the community;
Interfere with witnesses or evidence.
If the court determines that there is an unacceptable risk that any one of the bail concerns may occur, then the court must refuse bail. If there are no unacceptable risks, the person must be released.
If there are bail concerns but the risk is not unacceptable, the court may consider the imposition of bail conditions to address the bail concerns and grant bail with conditions.
What to Expect During the Court Process
Once your whole application is prepared, including all of the evidence you intend to rely upon and the written submissions, this is filed with the NSW Supreme Court Registry. It can take about two weeks, sometimes longer for the first mention date. There are sometimes two or more mention dates before the hearing takes place.
Legal Representation
Given the seriousness and complexity of Supreme Court bail applications, securing experienced legal representation is highly recommended. A skilled criminal defence lawyer can guide you through the legal intricacies, present a strong case, and help you understand your rights and obligations under the law.
How much does a Supreme Court NSW bail application cost?
The costs of a Supreme Court bail application in New South Wales (NSW) can vary significantly depending on various factors. These can include the complexity of the case, the amount of time required for preparation, and the level of expertise of the legal representation involved.
Legal fees can vary widely among law firms and individual practitioners. Some may charge on an hourly basis, while others might offer a fixed fee for bail applications. It's crucial to consult with an experienced criminal defence lawyer to get an accurate estimate tailored to the specifics of your case.
Conclusion
Understanding the bail application process in the NSW Supreme Court is essential for anyone entangled in the criminal justice system where bail has been refused in a lower court. Though this is a general overview, every case is unique and may involve nuances not covered here. If you or a loved one are facing a situation requiring a Supreme Court bail application, consult a qualified criminal law firm to get personalised guidance and representation.
For more information or to schedule a consultation, please contact our office. We are here to assist you through every step of your legal journey.
Note: Laws and procedures are subject to change, and this information may become outdated. Always consult a legal professional for the most current advice.
