M2 - Learner Manual

The Local Court tends to be less formal than the Supreme Court in relation to procedures for bail applications. The following material details the process you can expect at a bail hearing.

1. The accused person will be brought to Court
2. The legal representative will mention the matter (in the Local Court it would be indicated that bail is sought. In the Supreme Court, the Court will be aware that the bail application is listed as they are listed weeks in advance).
3. The prosecution will hand up their material (usually the police facts, the accused’s record (if they have one) and sometimes witness statements and a letter from the officer in charge stating their views on bail & the Judge or Magistrate reads this material
4. The accused’s representative hands up any evidence which they seek to rely upon (e.g. support letters) and this material is then read
5. The Judge/Magistrate will ask the Prosecutor what the prosecution's attitude is, to bail (they will either oppose or consent or say they don’t wish to be heard)
6. The Judge/Magistrate will then ask you to make your submissions on bail
7. The prosecution will have an opportunity to make submissions
8. The Judge/Magistrate then makes their determination about the application and gives reasons granting or refusing bail. If bail is granted, the conditions of bail will be made clear in the judgement.

If bail is granted, the person will be released once the conditions have been met and bail undertaking signed.

If bail is refused, the person is remanded in custody until the matter is next mentioned at Court.