MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

BR 12 / 2006

1948 : 25

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Magistrates, in exercise of the power conferred on them by section 21(1) of the Magistrates Act 1948 and with the approval of the Chief Justice, make the following Rules:

Citation

1 These Rules may be cited as the Magistrates 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 Magistrates Court.

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

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 Certificate as to Hearing of full Argument for Bail Application under section 7(9) of the Bail Act 2005

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

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

SCHEDULE 2 (Rule 3) FORMS

Form 1 Bail Act 2005

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

MAGISTRATES 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)____________________________

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

(j) other__________________________________

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

(5))

______________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Form 2 Bail Act 2005

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

MAGISTRATES 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 Magistrates Court Until____________________________ at_______________for:

a. Mention b. Sentence c. Committal Proceedings d. Trial

_____________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Form 3 Bail Act 2005

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

MAGISTRATES COURT/ CUSTODY OFFICER

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

TIME/ PLACE (ORIGINALLY) APPOINTED FOR SURRENDER:

DIFFERENT TIME/ PLACE APPOINTED FOR SURRENDER

________________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Form 4 Bail Act 2005

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

MAGISTRATES COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

The Defendant having been granted bail by the Magistrates 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_________________

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

(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)____________________________

(j) other__________________________________

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

_______________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Form 5 Bail Act 2005

Certificate as to Hearing of full Argument for Bail Application (section 7(9))

MAGISTRATES COURT

DATE:__________________ Name of Defendant:_______________________________ Date of Birth:___________________________ Case No.:______________________________ Offence(s):___________________________ It is hereby certified that on the above mentioned date the court heard full argument on an application for bail made by/on behalf of the Defendant named herein before refusing the application and remanded the Defendant in custody.

The court has not previously heard such argument on application in these proceedings;

OR

The court has previously heard full argument from the Defendant in these proceedings but is satisfied that there has been a change in the Defendant’s circumstances or that new considerations have been placed before the court.

Changed Circumstances are: New Considerations are:

_____________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Form 6 Bail Act 2005

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

MAGISTRATES COURT

DATE:__________________

Name of Defendant:_______________________________

Date of Birth:___________________________

Case No.:______________________________

Offence(s):___________________________

The Defendant having been granted bail by the Magistrates 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):

_______________________________ Magistrate

MAGISTRATES COURT (BAIL) (PRESCRIBED FORMS) RULES

Made, this 14th day of February, 2006

Senior Magistrate On behalf of Magistrates

Approved this 20th day of February, 2006

Chief Justice