Supreme Court Bail Applications
Summary of Practice Note No. SC CL 11 for SC Bail Apps
On 3rd June 2019, a new Supreme Court practice note No. SC CL 11comes into effect in relation to Supreme Court bail applications. The purpose of the practice note is to streamline the application process and to ultimately cut down the waiting time between filling and hearing of bail applications. Most notably, it aims to cut down the waiting time between the call-over and the actual bail hearing to 20 days.
Previous bail refusal
Applicants for Supreme Court bail must ensure that bail has previously been refused by a Police Officer, a Local Court Magistrate or a District Court Judge.
Application and attachments must be complete upon filing
The application will only be accepted for filing if it is accompanied by all the material that you intend to rely upon in your application for bail. Incomplete applications may result in the application
being rejected, not listed for hearing, or administratively dismissed. If your matter is administratively dismissed you may need
to lodge another application.
Attachments on filing
Your lawyer must attach with the application to be filed the proposed bail conditions, the submissions upon which you intend to rely in support of the application, all affidavit evidence in support of the application, all reports in support of the application and all character references in support of the application. A completed interactive bail form signed by the solicitor(Bail Act 2013 (NSW) and Supreme Court Practice Note No. SC CL 11)must also be filed.
If the application is accepted
If the application is accompanied by all the required material, it will be accepted by the Registry for filing. If the material is received by the Registry by close of business Wednesday it will be placed in the following week's call-over list.
Allocated duration of hearing
All matters will be allocated 30 minutes hearing time. If more hearing time is required by the Applicant, an affidavit must be prepared by your lawyer setting out the reasons why the extra time is needed. This document must be filed at the same time as the original application.
For excellent representation in relation to a Supreme Court bail application please call our team.
