If you are refused bail in the Local Court, you have a right to make a bail application to the New South Wales Supreme Court.
The Supreme Court will reconsider the application afresh, so you can produce new evidence that you did not use in the Local Court.
You cannot make a bail application in the Supreme Court unless you have already been refused bail by the Local Court.
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File the Application
Unlike in the Local Court, when you file an application for bail in the Supreme Court, you must file all the material that you wish to rely upon, including any submissions by your lawyer, at the time you file the application.
This means that you need to prepare all of your material before you file the application.
After the application is filed, the Court will list your matter for a “call-over” before the Registrar of the Supreme Court in order to fix a date for the bail application.
On the date fixed for the bail hearing, your lawyer will have an opportunity to make oral submissions in support of your application. The Prosecution will also have an opportunity to make submissions in support of their position.
The Presiding Judge will then make an immediate decision on whether or not bail is to be granted.
If you are refused bail by a judge of the Supreme Court, you can only make another application for bail if there has been a change of circumstances or new material has become available.