Australian Capital Territory Numbered Regulations

COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 4721

(SCR o 80 r 15)

    (1)     An application in relation to bail by an accused person must comply with this division.

Note 1     Pt 6.2 (Applications in proceedings) also applies to an application under this rule.

Note 2     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (2)     The application must—

    (a)     state the accused person's name; and

    (b)     state briefly the order (or orders) sought; and

    (c)     state briefly particulars of the grounds relied on in support of the order (or orders) sought.

    (3)     The application must be supported by an affidavit stating—

    (a)     the charges (if any) outstanding against the accused person; and

    (b)     if the accused person has been committed for sentence or trial to the court—that fact, and the date the person was committed; and

    (c)     if the accused person has been convicted or found guilty of an offence relevant to the application—that fact, the offence and the date the person was convicted or found guilty; and

    (d)     if the accused person has been sentenced for an offence relevant to the application—that fact, the sentence and the date the person was sentenced; and

    (e)     if bail has previously been refused for an offence relevant to the application—the reasons bail was refused; and

    (f)     the accused person's date of birth; and

    (g)     whether the accused person has a criminal record; and

    (h)     if the accused person is in custody—the day the person was placed in custody; and

    (i)     the day the matter is next listed before a court; and

    (j)     the informant's name; and

    (k)     if the Bail Act 1992 , section 9C (Bail for murder), section 9D (Bail for serious offence committed while charge for another pending or outstanding) or section 9E (Bail for person sentenced to imprisonment) applies in relation to the application—the special or exceptional circumstances that exist favouring the grant of bail; and

    (l)     if a court has made a decision in relation to an application for bail by the accused person and the application is a further application for bail—

    (i)     whether the accused person was represented by a lawyer at the hearing of the person's first application to a court for bail in relation to the offence with which the person is charged; or

    (ii)     any significant change in circumstances relevant to the granting of bail since the most recent application to a court for bail; or

    (iii)     any fresh evidence or information of material significance to the granting of bail that was unavailable on the most recent application to a court for bail; and

Note     See the Bail Act 1992 , s 19 (General provisions relating to court bail).

    (m)     if the application is for review of a decision in relation to bail—

    (i)     any significant change in circumstances relevant to the granting of bail; or

    (ii)     the availability of fresh evidence or information of material significance to the granting of bail that was unavailable on the most recent application to the court for bail; and

Note     See the Bail Act 1992 , s 43 (Power of Supreme Court to review).

    (n)     the conditions (if any) on which bail is sought.

Note     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (4)     The accused person must serve a stamped copy of the application and supporting affidavit on the director of public prosecutions.