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Can You Apply For Bail More Than Once?

When a person is charged with criminal offences, they may be granted bail or remanded in custody. When a person is granted bail, this means that they are allowed to live in the community under certain conditions until their criminal matter is finalised. Bail may be granted or refused by the police or by a court. When a person applies to a court for bail, they are generally restricted to applying for bail once, except when particular circumstances exist. This article outlines the circumstances in which a person can apply for bail more than once.

Can you apply for bail more than once?

The courts generally cannot hear a second bail application after an accused has been refused bail. However, there are a number of exceptions to this. A person may make a second bail application if:

  • They were not legally represented on the occasion of their first application, or
  • Fresh information relevant to the grant of bail is to be presented, or
  • Circumstances relevant to the grant of bail have changed, or
  • The person is a child and the previous application was made on a first appearance for the offence

If a fresh application is made, it is treated as an entirely new hearing. So even a minor “change in circumstances” can result in a very different outcome. Your lawyer will assist you in identifying fresh information or circumstances on which to ground a second bail application.

bail applications in the higher courts

If a person has been refused bail in the Local or District Court and there are no grounds justifying a further application to that court, a bail application may be made to the Supreme Court. Supreme Court bail applications generally take longer and are heard more formally than bail applications in the Local Court.

A decision by the Supreme Court to refuse bail can be appealed to the Court of Criminal Appeal.

Bail applications after a conviction

Courts may grant bail to a person after they have been convicted of or pleaded guilty to an offence, but before they have been sentenced. However, under section 22B of the Bail Act 2013, if a person has been convicted of or pleaded guilty to an offence and is going to be sentenced to a term of actual imprisonment, the court may grant them bail or extend their bail only if there are special and exceptional circumstances. In all other cases, bail must be refused (if the person in in custody) or revoked (if they are on bail) after they have been found guilty, if a term of actual jail will be imposed.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.

Michelle Makela

This article was written by Michelle Makela

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

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