M2 - Learner Manual

Preparing instruction for legal representatives to make a bail application

The Legal Representative needs to have all relevant information and any relevant evidence to ensure they can make the best bail application on behalf of their client. If you are working as a legal advocate, it is your role to help to ensure all relevant material is on the file, this includes supporting documentation such as a letter from a doctor or rehabilitation centre.

Evidence to support bail proposals (e.g. where a person will live or who they will see for counselling) are usually higher in the Supreme Court than the Local Court. It is advisable that evidence is obtained to strengthen your bail application, for example:

• It may be advantageous to call one of the accused’s parents to give evidence if the bail proposal is that the accused lives with their parents whilst on bail. This gives the Judge the opportunity to see that the parent is a responsible person who takes Court orders seriously and will help the accused to comply with bail
• Obtaining letters from employers or other support networks to prove that the person has community ties
• Obtaining medical information from doctors to show if the accused suffers from a physical illness or mental health issue
• Obtaining letters from sureties to confirm they are an acceptable person and to advise the Court of the sums of money they are willing to forfeit