THE STRUCTURE OF A BAIL APPLICATION

The structure and detail of the application will vary according to the nature and level of the prosecution's opposition to bail. Thus it is important for the duty solicitor to negotiate with the prosecutor beforehand, as to whether conditions can be agreed and confirm whether the client will be willing and able to comply with those conditions.

IT IS IMPORTANT THE APPLICANT IS IN THE DOCK BEFORE SUBMISSIONS BEGIN FOR THE BAIL APPLICATION. IT IS IMPORTANT THAT THEY ARE PRESENT IN COURT AND CAN HEAR EVERYTHING THAT IS SAID. THE FORMAL ORDER OF ADDRESS IS AS FOLLOWS:

• THE DEFENCE INDICATES THAT THE DEFENDANT IS APPLYING FOR BAIL;
• THE PROSECUTOR INDICATES THAT BAIL IS OPPOSED AND SUBMITS REASONS WHY BAIL SHOULD BE REFUSED; THEN DEFENCE PUTS SUBMISSIONS IN SUPPORT OF BAIL, RESPONDING TO THE PROSECUTION GROUNDS OF OPPOSITION.