Applying for Supreme Court Bail

The process of applying for Supreme Court Bail


What is Supreme Court Bail?

Supreme Court bail is simply an application for bail that is heard in the Supreme Court of NSW, which is the highest court in NSW. Bail applications (sometimes referred to as Release Applications) are more often made in the Local Court. This is because all criminal prosecutions commence in the Local Court, however serious the charges may be. In fact, the majority of criminal prosecutions are “summary” in nature, and are therefore dealt with in the Local Court.


What is the difference in applying for Supreme Court Bail and Local Court Bail?

Supreme Court Bail applications are generally made after the Local Court has refused bail to the person in custody. It is very rare to see a defendant go straight to the Supreme Court of NSW to make a bail application without having made an application before the Local Court first.

Supreme Court Bail applications can be more complicated than applications made in the Local Court. Supreme Court Judges tend to go into more detail about the merits of the application, and pay particularly more attention to rules of law in determining the application. For example, the Supreme Court of NSW will often require that oral evidence be called in support of any bail application. In the Local Court, generally applications for bail will be done by simply handing up documents in support (defendant) and against (prosecution) the application.


How do I make an application for bail at the Supreme Court?

You will generally have to have a Solicitor file an application for bail form that will be lodged with the Supreme Court of NSW registry. The court registry will then process the application and confirm in the following days the date that the application is listed. Depending on the number of pending applications, it could be just a few weeks before your application is heard.


Should I hire a Lawyer for a Supreme Court Bail application?

Yes definitely. Supreme Court bail applications can often be extremely complicated for a layperson, and difficult to present your case from Jail. You should always seek expert legal representation when making a bail application in any court, whether it is the Local Court, District Court or the Supreme Court.


If bail is refused in the Supreme Court, can I make another application?

If bail is refused in the Supreme Court, it will be difficult to make a second application. The court will require special circumstances and/or a change in circumstances to allow a second or subsequent application to be made.


If you or a loved one has an application for bail coming, call LY Lawyers on 1300 595 299. We will advise you on what your chances are of getting bail.