New Facts and Circumstances Bail
Should bail be initially refused by a Magistrate, the Accused can make a second application for bail in the Magistrates’ Court. However, under s.18AA, the court will only hear the matter if the Accused was either not legally represented at the first bail hearing, or new facts and circumstances have arisen since the first application.
The act states that it is preferable that the further application go before the same Judge or Magistrate that heard the original application.
Supreme Court Bail
The Accused can also invoke the inherent jurisdiction of the Supreme Court to make a fresh bail application and does not have to show new facts or circumstances. This is a hearing de novo (new hearing) and it is not a review of the earlier bail decision.
S.18AC allows the DPP to appeal against a range of bail decisions.
If you or a loved one has been denied bail in the first instance, contact our office so we can assist you in getting a further application listed, either before the same Magistrate or Judge that denied bail initially or directly in the Supreme Court.
