Bail applications: New facts and circumstances
Bail is now becoming a highly complex area of the criminal law. There have been many changes in recent years to the legislation that affect bail applications.
An example, if when a lawyer represents a client and a Magistrate or Judge refuses bail. We can only make a further application if new facts and circumstances arise after the first application.
“… the new facts or circumstances must be of such a nature that they are relevant to bail and justify a conclusion by the Court that reconsideration of the [previous] refusal of bail is required …” Mokbel v DPP
The same Magistrate or Judge will almost always hear the new bail application.