18Further application for bail where bail refused or revoked

18 Further application for bail where bail refused or revoked (1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail. (2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail. (3) Subject to section 144(2)(c) of the **Criminal Procedure Act 2009**, an application under subsection (1) or (2) is to be made— S. 18(3)(a) amended by No. 26/2017 s. 14(15). (b) in any other case, to the court to which the person is remanded to appear. S. 18(4) inserted by No. 44/2013 s. 5. (4) Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail. S. 18AA inserted by No. 70/2010 s. 15. 18AA Certain circumstances required before application may be heard (1) A court must not hear an application under section 18 unless— S. 18AA(1)(aa) inserted by No. 28/2023 s. 115. (aa) the application is the first or second instance of the applicant applying to a court for bail (whether under section 18 or otherwise) since being taken into custody; or (a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or (b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or (c) the order refusing or revoking bail was made by a bail justice. (2) Nothing in this section derogates from the right of a person in custody to apply to the Supreme Court for bail. S. 18AB inserted by No. 70/2010 s. 15. 18AB Hearing and determination of further application for bail An application under section 18 must be conducted as a fresh hearing and determined in accordance with section 4. S. 18AC inserted by No. 70/2010 s. 15. 18AC Application for variation of bail conditions (1) A person who has been granted bail, whether or not the person is in custody, may apply for variation of the amount of bail or the conditions of bail. (2) The informant or the Director of Public Prosecutions may apply for— (a) variation of the amount of bail or the conditions of bail; or (b) the imposition of conditions in respect of bail which has been granted unconditionally. (3) An application under subsection (1) or (2) is to be made— S. 18AC(3)(a) amended by No. 26/2017 s. 14(15). S. 18AC(3)(b) amended by No. 28/2023 ss 78, 99. (b) in any other case, to the court to which the person is required to surrender under the bail undertaking. (4) A person may apply for variation of the amount of bail or the conditions of bail if— (a) the person has been granted bail by a bail justice or the Magistrates' Court; and (b) within 24 hours after the grant of bail, the person is unable to meet the conditions of bail. (5) An application under subsection (4) is to be made to the bail justice who granted the bail or to the Magistrates' Court. S. 18AD inserted by No. 70/2010 s. 15, substituted by No. 3/2018 s. 21. 18AD Determination of application for variation of the amount of bail or bail conditions On an application under section 18AC, the bail decision maker must take into account the surrounding circumstances and may— (a) vary the amount of bail or conditions of bail if it appears to the bail decision maker that it is reasonable to do so having regard to those circumstances; or (b) in any other case, dismiss the application. Section 5 provides for the imposition of conditions of bail. S. 18AE inserted by No. 70/2010 s. 15. 18AE Application for revocation of bail (1) The informant or the Director of Public Prosecutions may apply for revocation of bail granted to a person. S. 18AE(1A) inserted by No. 32/2024 s. 903F. (1A) Without limiting subsection (1), an application under that subsection may be made because the applicant believes on reasonable grounds that the person— (a) has committed an offence since bail was granted; or (b) is likely to commit an offence whilst on bail; or (c) has breached a condition of bail; or (d) is likely to breach a condition of bail or the bail undertaking. (2) An application under subsection (1) is to be made— S. 18AE(2)(a) amended by No. 26/2017 s. 14(15). S. 18AE(2)(b) amended by No. 28/2023 ss 79, 100. (b) in any other case, to the court to which the person is required to surrender under the bail undertaking. S. 18AF inserted by No. 70/2010 s. 15. 18AF Determination of application for revocation of bail On an application under section 18AE, the court may either— (a) revoke bail; or (b) dismiss the application. S. 18AG inserted by No. 70/2010 s. 15. 18AG Appeal against refusal to revoke bail The Director of Public Prosecutions may appeal to the Supreme Court in the same manner as is provided in section 18A against a refusal to revoke bail if the Director is satisfied that an appeal should be brought in the public interest. S. 18AH inserted by No. 70/2010 s. 15. 18AH Preservation of the right of application or appeal to the Supreme Court or County Court (1) Nothing in section 18, 18AA, 18AC or 18AE derogates from any other right of application or appeal to the Supreme Court or the County Court. (2) Section 18AI applies to an application to the Supreme Court or the County Court made other than under this Act by an accused for an order to vary the amount of bail or a condition of bail. S. 18AH(3) inserted by No. 44/2013 s. 6. (3) Section 18AK applies to the following applications to the Supreme Court or the County Court made other than under this Act by an accused— (a) a further application for bail; (b) an application for variation of the amount of bail or the conditions of bail. S. 18AI (Heading) amended by No. 28/2023 s. 53(1). S. 18AI inserted by No. 70/2010 s. 15. 18AI Notice of application for variation to be given to bail guarantors S. 18AI(1) amended by No. 28/2023 s. 53(2). (1) If an accused who has been admitted to bail with one or more bail guarantees applies for variation of the amount of bail or the conditions of bail, the accused must give written notice of the application to each bail guarantor. (2) Notice under subsection (1) must be— (a) in the prescribed form; and (b) given a reasonable time before the hearing of the application; and S. 18AI(2)(c) amended by No. 28/2023 s. 53(3). (c) given personally or by post or by causing the notice to be delivered at the place of residence of the bail guarantor shown in the affidavit of justification for bail. S. 18AJ (Heading) amended by No. 28/2023 s. 54(1). S. 18AJ inserted by No. 70/2010 s. 15. 18AJ Bail guarantor entitled to attend on application for variation S. 18AJ(1) amended by No. 28/2023 s. 54(2). (1) A bail guarantor is entitled to attend and give evidence at the hearing of an application made by the person admitted to bail for variation of the amount of bail or the conditions of bail. S. 18AJ(2) amended by No. 28/2023 s. 54(3). (2) The court may adjourn the hearing of an application referred to in subsection (1) to enable a bail guarantor to attend. S. 18AK inserted by No. 44/2013 s. 7. 18AK Notice of application to be given to informant and either DPP or prosecutor (1) Subject to subsections (2) and (3), an accused must give notice in the prescribed form of an application under section 18 or an application under section 18AC to— (a) the informant; and (b) the Director of Public Prosecutions or the prosecutor, as the case requires. (2) Notice under subsection (1) must be given at least 3 days before the hearing of the application unless— (a) the court is satisfied that— (i) the circumstances of the case justify the application being heard sooner; and (ii) the court will be able to hear and determine the matter adequately despite the limited notice or lack of notice to other parties; or (b) all the parties agree that the period of 3 days be waived. (3) Notice under subsection (1) may be dispensed with by the court in the circumstances referred to in subsection (2)(a). Pt 4 (Heading) inserted by No. 70/2010 s. 16.