When can the Court hear a bail application? Bail applications must be heard as soon as reasonably practicable.1 The Court must hear any release application or variation application on a first appearance at Court.2 The Court cannot decline to hear the application because the prosecutor has not been given notice but may adjourn the hearing if 1 Bail Act 2013 (NSW) s 71. [...] Finally, the Court can find that the bail concerns cannot be mitigated by the imposition of any bail conditions and remand you into custody.12 It is important to note that the rules of evidence do not apply in bail applications.13 This means that the Court can consider many things when deciding to grant bail that it would not otherwise be able to consider when determining whether you are guilty of. [...] These grounds are:20 (a) You were not legally represented when the previous application was dealt with and now have legal representation, or (b) Material information relevant to the grant of bail can be presented that was not presented to the court in the previous application, or (c) Circumstances relevant to the grant of bail have changed since the previous application was made, or (d) You are a. [...] Can I vary my bail if I am not happy with the conditions? You can apply to the Court or an authorised justice to vary your bail conditions.21 To do so, you must give reasonable notice to the prosecution of the application.22 In practice, this is at least 3 days. [...] If you fail to appear, you are committing an offence of which the maximum penalty is 3 years imprisonment and a fine of up to $3,300.24 What happens if I have been convicted of an offence and the sentence proceedings are adjourned? If the Court intends to sentence you to a term of imprisonment but adjourns the proceedings to do so, the prosecution can bring a detention application to remand you in.
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