Part 3 Further application for bail, variation of bail conditions, revocation of bail; Part 4 - Appeals Flashcards
18 Further application for bail where bail refused or revoked
(1) A who’s been refused bail and is in custody pending hearing can make further application
(2) Person whose bail has been revoked per 18AE or 24(3) can make further application
(3) (a) application to be made in case of treason/murder charge to the SCV
(3) (b) in any other case, to the court to which the person is remanded to appear.
(4) If reasonably practicable to do so, application per this section is to be heard by a court constituted by the same judge/magistrate who heard the previous bail application
18AA certain circumstances required before application may be heard
(1) Court must not hear application per s 18 unless
(a) applicant satisfies court that new facts/circumstances have arisen since bail refusal/revocation; or
(b) applicant was not represented by a LP when bail refused or revoked; or
(c) Order refusing or revoking bail was made by a bail justice
(2) Nothing here derogates from right of a person in custody to apply to the SC for bail.
18AB Hearing and determination of further application for bail
Application under s 18 must be conducted as fresh hearing and determined per s 4.
18AC Application for variation of bail conditions
(1) A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail.
(2) DPP/informant may apply for (a) variation of bail amount/conditions
(b) the imposition of conditions in respect of bail which has been granted unconditionally
(3) (a) application to be made in case of treason/murder charge to the SCV
(3) (b) in any other case, to court to which person is required to surrender per bail conditions
(4) Person may also apply for variation of amount of bail/conditions if (a) person granted bail by bail justice or the MC; and (b) within 24 hours after grant of bail, person unable to meet the bail condition. (5) This application to be made to relevant BJ or to the MC.
18AD Determination of application for variation of the amount of bail/conditions
On application per 18AC, BDM must take into account surrounding circumstances
(a) And if reasonable to do so having regard to those circumstances, vary amount/conditions bail; or (b) dismiss the application.
18AE Application for revocation of bail
(1) Informant or DPP may apply for revocation of bail granted to a person
(2) (a) application to be made in case of treason/murder charge to the SCV
(2) (b) in any other case, to court to which person is required to surrender per bail conditions
18AF Determination of application for revocation of bail
On s 18AE application, court can either (a) revoke bail or (b) dismiss the application
18AG Appeal against refusal to revoke bail
DPP may appeal to the SCV in the same manner as is provided in section 18A against a refusal to revoke bail if the DPP satisfied that appeal should be brought in the public interest.
18AH preservation of the right of application or appeal to the Supreme Court or County Court
(1) Nothing in these sections derogates from any other right of application or appeal to the SCV or CCV (2) Section 18AI applies to application to the SCV or the CCV made other than under this Act by an A for an order to vary the amount of bail or a condition of bail.
(3) Section 18AK applies to the following applications to the SCV or the CCV made other than under this Act by an accused—
(a) a further application for bail;
(b) an application for variation of the amount of bail or the conditions of bail.
18AI Notice of application for variation to be given to sureties
(1) if A who’s been admitted to bail with suret(ies) applies for variation of amount/conditions of bail, must give written notice of application to each surety. (2)(a) in prescribed form,
(b) given reasonable time before hearing of application, (c) given personally or by post or cause to be delivered at surety’s place of residence
18AJ Surety entitled to attend on application for variation
(1) Surety for a person admitted to bail is entitled to attend and give evidence at the hearing of an application made by that person for variation of bail amount/conditions
(2) Court may adjourn the hearing of (1) application to enable a surety to attend.
18AK Notice of application to be given to informant and either DPP or prosecutor
(1) Subject to subs (2)(3), an A must give notice in prescribed form of application under section 18 or an application under section 18AC to— (a) informant (b) DPP or prosecutor
(2) give at least 3 day’s notice before hearing of application unless
(a) (i) court’s satisfied that circumstances of case justify application being heard sooner, AND (ii) court will be able to hear and determine matter adequately despite limited notice/lack of notice to other parties, OR
(b) All the parties agree the 3 day period be waived
(3) Notice under subsection (1) may be dispensed with by the court in the circumstances referred to in subsection (2)(a).
18A Appeal by Director of Public Prosecutions against insufficiency of bail etc.
(1) If person is granted bail, DPP may appeal to SCV against order granting bail if (a) DPP satisfied that:
(i) Conditions of bail are insufficient OR
(ii) The decision to grant bail contravenes this Act; AND
(b) And DPP is satisfied it in in the public interest to do so.
Procedure
(2) Give notice containing grounds to person granted bail (respondent) and to sureties if any
(3) notice to surety given personally/post/cause to be delivered to surety’s place of residence
(4) Notice of appeal shan’t be given per (1) more than one month after bail granted unless the Supreme Court grants leave (5) DPP or LP on his behalf may appear on behalf of Queen on any such appeal and any respondent/surety to whom notice given per (3) may appear personally or with LP on their behalf
(6) SCV, if it thinks a different order should have been made, must set aside the old bail order, and without limiting powers of SCV with respect to bail, conduct a fresh hearing
(7) If respondent not present in Court and bail order is revoked or varied, Court shall cause a warrant to be issued for apprehending the respondent to bring him before the Court
(8) If Court revokes order granting resp. bail Court shall remand ‘em in custody to await trial
(9) If Court makes order varying bail amount/conditions Court shall require resp. to find further or other surety or securities for the attendance of the resp. and may remand him in custody until further or other surety or security is provided.
(10) No costs shall be allowed on either side for hearing/determination of s 18A appeal.
(11) A respondent if he so desires is entitled to be present on the hearing of an appeal under this section notwithstanding that he may be in custody but the Court may make any order under this section where the respondent is for any reason not present.
Subsequent appeal
(12) Respondent or DPP can appeal from decision of a single judge to the Court of Appeal
