Changes to Supreme Court Bail

20 JAN 2020

 

In 2019, the Supreme Court has amended the procedures in relation to Applications for Release. 

Previously, an accused person was able to lodge an application for release and thereafter compile any supporting documents such as Affidavits for Surety, Residential Rehabilitation documents or other documents in support of the application. 

The change in procedure requires the application to be completed in full including, confirming the relevant enquires as to residence, drug and alcohol reports, Residential Rehabiliation and available security have been made. 

Any applications without the correct forms and relevant undertaking may be refused. 

Further, prior to the first mention a Notice of Readiness must be filed. Failure to do so could result in the hearing date being vacated. 

As such, it is important that any person seeking to apply for Release in the Supreme Court obtain appropriate legal advice, to ensure the matter is prepared prior to filing in order to reduce the period in custody awaiting a hearing date. 

Our Solicitors have experience in these types of applications. Should you required assistance with an application for release please contact Sharon Ramsden on (02) 4626 5077 or by email at: sramsden@marsdens.net.au 

The contents of this publication are for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication

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