Common questions
Supreme and District Court - criminal
How do I apply for bail?
To apply for bail you need to fill in one of the following forms:
- Form 2 – Application for bail in the Supreme Court (CPR)
- Form 3 - Application for bail in the court before which the indictment was presented (CPR)
You then need to file the form in the court registry.
If the indictment has not been presented in the Supreme or District Courts, you need to file a Form 2 - Application for bail (CPR) in the civil registry of the Supreme Court.
If the indictment has been presented, a Form 2 - Application for bail (CPR) should be filed in the criminal registry of the Supreme Court.
What factors does the court consider?
When considering your application for bail the court may consider whether you:
- are accused of a serious crime
- have a place to live
- are employed
- are of good character and background
- have previous criminal convictions
- have breached bail before
- are likely to appear in court
- will endanger the safety or welfare of members of the public
- will interfere with witnesses or otherwise obstruct the course of justice
- are likely to reoffend.
Who must be served with the application?
You need to serve a copy of the bail application, along with any supporting affidavits or documents, on the prosecutor.
Unless the prosecutor agrees to an extension of time, this must be done at least two complete business days before the application is to be heard.
What if I have already applied for and been refused bail?
If you have already applied for bail and been refused, you must state in the supporting affidavit any change of circumstances that justifies a reapplication.
If bail is granted, what conditions can be imposed?
Bail conditions imposed on a defendant may include:
- a requirement to report to a particular police station on certain days during specified hours
- a limitation on contact, or no contact, between the defendant and the complainant or witnesses
- financial conditions where the defendant must find a person who:
- can guarantee the bail money
- has sufficient assets
- no criminal connections
- a requirement to live at a certain address and/or with a certain person
- curfews for young offenders
- non-consumption of alcohol, drugs, or attendance at rehabilitation.
What happens if I fail to appear or breach bail conditions?
If you do not keep your promise (breach bail), your bail can be revoked. You may also be:
- charged with breach of bail
- arrested without a warrant
- brought before the court.
What if I want to represent myself?
If you choose to represent yourself, the registry will:
- type up the order
- sign it
- fax a copy to the appropriate jail.
If you are represented, your solicitor will be required to lodge two copies of the order, and forward a signed copy to the appropriate jail.
Last updated Wednesday, 21 May 2008 10:23
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