M2 - Learner Manual

5.1. Types of bail applications (NSW)

There are 3 types of bail applications which a court may determine:

• a release application:  a release application is where the accused person is in custody and asks the court to grant bail (or to dispense with bail)[1]
• a detention application: the prosecutor may make an application for the accused to be refused bail or ask for their bail to be revoked where the person is on bail, or to ask the court to impose bail conditions.[2] 
• a variation application: any “interested person” (including the prosecutor, accused, complainant in a domestic violence matter and the Attorney General) may apply to vary the conditions of the accused person’s bail.[3] For example, the accused may apply to the court to vary their bail by reducing their reporting conditions from every day to 3 days per week or they may vary the address at which they reside.  

For the purpose of this course, we will focus on release applications.