Applications for bail may be made at several stages in the criminal justice process:
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At the police station after arrest and upon being charged;
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When an accused is brought before a bail justice or a Magistrates’ Court pending the hearing of the charge;
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At the conclusion of a committal hearing in the Magistrates’ Court upon being committed to stand trial in the County or Supreme Court;
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In the County or Supreme Court in which an indictable matter is pending;
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Pending an appeal after conviction and sentencing; and
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Following a successful appeal against conviction and prior to any retrial being heard.
Bail applications may thus be heard by the police, a bail justice, a Magistrate or a judge of the County Court or the Supreme Court depending on when an accused applies for bail. Bail applications are heard at police stations or in Magistrates’, County or Supreme Court.
An accused who has been refused bail and is in custody pending the hearing of the charge may make further bail applications, however a court must not hear a further application unless:
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New facts and circumstances have arisen since the refusal; or
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The applicant was unrepresented when bail was refused; or
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The order refusing bail was made by a bail justice (s 18AA(1)(a)).
The further application for bail must be heard by the same judge or magistrate who determined the previous application, if reasonably practicable (s 18(4)).