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Applying for Supreme Court bail

Helping you understand and apply for bail

When can I apply for Supreme Court bail?

You can apply for Supreme Court bail when you have been bail refused

AND

when your Supreme Court bail application form is fully completed.

How do I apply for Supreme Court bail?

On 3 June 2019 the rules around how you can apply for Supreme Court bail changed.

This means you need a lot more information before you can even get a court date.

There is a new application form and you need to include information like:

  • Where you will be living and who you will be living with. This includes a letter or affidavit from who you want to live with saying you can live there
  • The JusticeLink proceedings number for all your charges
  • The conditions of bail you want
  • Letters or affidavits from anyone who will be a surety for you
  • Character references
  • Medical or mental health reports
  • Your reasons why you should get bail

If you don’t fill out the new application form with all the information the Court needs, you might not get a court date.

You can’t fax the application anymore. Your application has to be sent by email, post or handed in at the Supreme Court Registry.

If you have a lawyer for your Supreme Court bail application, they should only send your application when it’s fully completed. Otherwise it will be rejected.

What will happen after I send my application form?

When the Court gets your application form it will:

  • Check your application has been fully completed.
  • If your application has been fully completed it will be listed in a ‘callover’ in front of a Registrar (not a Judge).
    • At the callover you will get a ‘bail hearing’ date.
    • The bail hearing is when your bail application will be heard by a Judge. The Judge will decide if you get bail or not.
  • If your application has not been fully completed it will be rejected. This is not being bail refused, it means you won’t get a bail hearing date.

If you are represented by a lawyer and your application is fully completed, you might get a bail hearing date without going in a callover first.

Can I get bail to go to rehab?

Yes BUT the Supreme Court won’t order a drug and alcohol assessment anymore.

So if you want to get Supreme Court bail to a rehabilitation facility you have to:

  1. Arrange a bed at a rehab yourself from gaol; AND
  2. Get a letter from the rehab saying you have been accepted and the date they have a bed for you. You’ll need to put this letter with your application form to send to court.

It is also helpful to have a letter from someone who can pick you up from gaol  and drive you to rehab.

Can my friends or family come to court?

Yes. It can be good to have the people who support your bail application at court on the day of your bail hearing.

How do I get legal aid for Supreme Court bail?

Not everyone gets legal aid.

There is a merit test which means Legal Aid NSW will decide if your bail application has ‘reasonable prospects’ of succeeding. So, if there’s no chance you’ll get bail, Legal Aid NSW won’t represent you for your bail application.

There is a means test as well, which means we look at your income and any assets.

If you want legal aid you should ask the lawyer representing you with your charges for help. They can help you fill out the legal aid application form.

You can also call Legal Aid NSW from custody on #11 then press 2.

Where is the Supreme Court?

The Supreme Court is in Queen’s Square on Phillip Street in the Sydney CBD. The nearest train stations are St James and Martin Place.

For more information about bail in general, see the Legal Aid NSW brochure, A guide to bail.

Law Access NSW can also assist you. Call 1300 888 529.

This publication is a general guide to the law. You should not rely on it for legal advice, and we recommend that you talk to a lawyer about your situation.

June 2019