SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

BR 11 / 2006

1905 : 4

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

The Chief Justice, in exercise of the power conferred on him by section 62(1) of the Supreme Court Act 1905, makes the following Rules:

Citation

1 These Rules may be cited as the Supreme Court (Bail) (Prescribed Forms) Rules 2006.

Prescribed forms

2 The forms listed under Schedule 1 are hereby prescribed as those required under sections 7 and 9 of the Bail Act 2005.

Forms

3 The forms set out under Schedule 2, pursuant to the forms prescribed under Schedule 1, shall be the forms to be used in connection with Bail in the Supreme Court.

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

SCHEDULE 1 (Rule 2) LIST OF FORMS

Form No. Description

Form 1 Record of Decision to grant Bail under section 7(1)(a) of the Bail Act 2005

Form 2 Record of Decision to withhold Bail under section 7(1)(b) of the Bail Act 2005

Form 3 Record of Time or Place (or Different Time or place) to Surrender to Custody under section 7(1)(c) of the Bail Act 2005

Form 4 Record of Decision to Vary Conditions of Bail under section 7(1)(d) and (6) of the Bail Act 2005

Form 5 [Does not apply to Supreme Court]

Form 6 Record of Reconsideration of Decision to grant Bail under section 9(12) of the Bail Act 2005

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

SCHEDULE 2 (Rule 3) FORMS

Form 1 Bail Act 2005

Record of Decision to Grant Bail (section 7(1)(a))

SURPREME COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

The defendant is granted bail with a duty to surrender to the custody of the court on ________________________ at________and any subsequent date and time appointed by the court.

CONDITIONS of Bail Included: Yes/No

(a) recognizance____________

(b) security_________________

(c) surety(ies)_________________

(d) no contact with witnesses_________________

(e) surrender travel documents_______________

(f) submit to a curfew___________________

(g) report to police station__________________

(h) make self available for inquiries/reports______________

(i) section 4(5)(murder cases)____________________________

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

(j) other__________________________________

REASONS FOR GRANTING BAIL/ WITH CONDITIONS (sections 7(3) &

(5))

___________________________ Puisne Judge

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

Form 2 Bail Act 2005

Record of Decision to Withhold Bail (section 7(1)(b))

SUPREME COURT DATE:__________________ Name of Defendant:_______________________________ Date of Birth:___________________________ Case No.:______________________________ Offence(s):___________________________

Reasons For Withholding Bail (section 7(5)(a)) : The court is of the view that the following exceptions to bail contained in

Schedule 1 apply: Part 1, paragraph(s) -

PART 2 — , paragraph(s) -

OTHER REASONS________________________________________________ Accordingly, the defendant is remanded/committed in custody to the Supreme Court: Until____________________________ at _______________for: a. Mention b. Sentence c. Committal Proceedings d. Trial

_____________________________ Puisne Judge

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

Form 3 Bail Act 2005

Record of Time or Place (or Different Time or Place) to Surrender to Custody (section 7(1)(c))

SUPREME COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

TIME/PLACE (ORIGINALLY) APPOINTED FOR SURRENDER:

DIFFERENT TIME / PLACE APPOINTED FOR SURRENDER

_________________________________ Puisne Judge

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

Form 4 Bail Act 2005

Record of Decision to Vary Conditions of Bail (section 7(1)(d) & (6))

SUPREME COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

The Defendant having been granted bail by the Supreme Court on ________________________ with conditions and application having now been made by_______________________for variation of those conditions, THE

APPLICATION IS HEREBY:

REFUSED/GRANTED

CONDITIONS NOW VARIED TO INCLUDE:

(a) recognizance____________

(b) security_________________

(c) surety(ies)_________________

(d) no contact with witnesses_________________

(e) surrender travel documents_______________

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

(f) submit to a curfew___________________

(g) report to police station__________________

(h) make self available for inquiries/reports______________

(i) section 4(5)____________________________

(j) other__________________________________

REASONS FOR VARYING CONDITIONS OF BAIL (section 7(6))

__________________________ Puisne Judge

SUPREME COURT (BAIL) (PRESCRIBED FORMS) RULES 2006

Form 6 Bail Act 2005

Record of Reconsideration of Decision to Grant Bail (section 9(12))

SUPREME COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

The Defendant having been granted bail by the Supreme Court on _______________________________ with conditions, And Application having now been made By the Prosecutor for Reconsideration of that Decision:

DECISION ON RECONSIDERATION:

REASON(S) (section 9 (12)):

__________________________ Puisne Judge

Made this 20th day of February, 2006

The Chief Justice