Part 59
Bail Applications
Contents of this Part
| Scope of this Part | Rule 59.1 |
| How to apply to the court | Rule 59.2 |
| Hearing of application | Rule 59.3 |
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Scope of this Part 59.1 (1) This Part deals with applications to the court to review a decision by a magistrate about bail. (2) "Magistrate" includes a Justice of the Peace; and "the commissioner" means the Commissioner of Prisons.
How to apply to the court 59.2 (1) An application under this Part must be in the appropriate practice form. (2) Where the applicant is in custody the application must be lodged with the commissioner. (3) The commissioner must forthwith file the application at the court office. (4) Where the applicant is not in custody the applicant must file the application at the court office. (5) The court office must immediately- (a) send a copy of the application to the Director of Public Prosecutions; and (b) fix a date, time and place to hear the application; and (c) give notice of such time date and place to - (i) the applicant; and (ii) the Director of Public Prosecutions; and (iii) if the applicant is in custody, to the commissioner.
Hearing of application 59.3 (1) The Director of Public Prosecutions is entitled to appear on behalf of the State. (2) The court may confirm, modify or reverse the decision of the magistrate. (3) The court office must serve a copy of any order on the commissioner and the Chief Magistrate. |