Bail Practice Note

[Bail Act 2000]

1. The prosecution should draw the court’s attention to any statutory provision that disqualifies a defendant from being granted bail or restricts a defendant’s access to bail.

2. Where the prosecution opposes the grant of bail, written grounds are to be provided. The standard Police "Opposition to Bail" form should be used. The relevant statutory provisions should be identified and the grounds for opposition should be stated in terms that correspond to the statute and to case law. Reasons should be supported by relevant detail. The grounds for opposition should be made available to the defendant, or the defendant’s counsel, at the earliest opportunity.

3. Where the onus is on a defendant to satisfy a judge that bail should be granted, where practical, detailed written grounds should be provided. These grounds should address the issues in the relevant section of the Bail Act. The grounds to be advanced should be made available to the prosecution at the earliest opportunity so that any necessary inquiries can be made. Failure to give notice to the prosecution of the grounds to be advanced may delay the bail hearing.

4. If either party satisfies the court that there has been insufficient time to adequately prepare grounds for opposition or for the application [as appropriate], the court may grant an adjournment. Generally such an adjournment should not be for longer than one working day.

5. If there are disputed factual matters which the court considers significant to the outcome of an application, an adjournment may be necessary to allow sworn evidence to be given orally or by affidavit [see R v Tonihi [1995] 1 NZLR 154]. Generally such an adjournment should not be for longer than one working day, although that may not always be practicable. The deponent of any such affidavit must be available for cross-examination, if required.

6. The court should give reasons for its decision on any disputed issue of bail and ensure that those reasons are promptly recorded and transcribed.