Extensions of bail orders
Where a The time and place at which a court or tribunal hears the parties argue their case and makes a decision. is adjourned or postponed, the An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. may extend the The procedure that allows a person who has been charged with an offence to be released from police control or prison until the hearing of the case. Courts can add conditions to bail. For example, they can require that people released on bail promise to come to the court on a set date, or put up an amount of money that they cannot get back if they do not appear as they promised. See also undertaking. of the person charged. The court may admit the person to bail on the same conditions or vary the bail order. The initial sureties A document that sets out what a person wants to happen to their money and other property after they die. be bound on any extension of bail unless, at the time of the first grant of bail, they had elected not to be bound without their To agree to something being done, to approve an action or arrangement. See also informed consent. (s 16(2) Bail A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation.). Written notice must be given by the court to the A person who has been charged with a crime. Also known as a defendant. person and their In criminal law, a person who promises a court that an accused person released on bail will attend court on a hearing date. If the accused person does not attend court, the surety must pay the court the amount of money stated in the bail documents. Also referred to as the guarantor. The sum of money payable if there is a breach is also referred to as the surety. (if any) of the new court date they must attend (s 16A). Bail can be extended in the absence of the accused where a case is adjourned, if the court is satisfied that the accused is ‘not present for sufficient cause’ (s 16(3)(b)).
Variations of bail orders
An accused who has been granted bail may apply for a variation of the length of bail or the conditions of bail (s 18AC(1) Bail Act). The same right is given to the police A person who swears an affidavit stating that an offence has occurred and is named on the documents that start a criminal case in court. The informant is usually a police officer, but can also be the victim of the crime. Not to be confused with an informer. and to the DPP (s 18AC(2)).
The application must be made to the court that the person is required to surrender to under their conditions of bail (s 18AC(3)). Except in the case of murder, where the application must be made to the Supreme Court.
Notifying the The party presenting evidence in court on behalf of the state or Commonwealth government against a person accused of committing a crime. Also called the Crown.
An accused who wishes to make an application for variation of the amount or conditions of bail must give the prosecution notice in a prescribed form at least three days before the hearing of the application (s 18AK Bail Act). The prosecution can agree to dispense with the notice requirement. The court can also dispense with the notice requirement if the matter is urgent and the court can adequately determine the matter despite the lack of notice.