- tocCivil Procedure Rules
|Contents of this Part|
|Scope of this Part||Rule 58.1|
|How to apply to the court||Rule 58.2|
|Hearing of application||Rule 58.3|
Scope of this Part
- This Part deals with applications to the court to review a decision by a magistrate about bail.
- In this Part –
- “Commissioner” means the Commissioner of Prisons or other person responsible for the administration of prisons in the Member State or Territory concerned; and
- “magistrate” includes a Justice of the Peace.
How to apply to the court
- An application under this Part must be in the appropriate practice form.
- If the applicant is in custody and is not represented by a legal practitioner, the application must be lodged with the Commissioner.
- The Commissioner must forthwith file the application at the court officer.
- If the applicant is –
- not in custody; or
- represented by a legal practitioner; the applicant must file the application at the court office.
- The court office must immediately –
- send a copy of the application to the Director of Public Prosecutions;
- fix a date, time and place to hear the application; and
- give notice of the date, time and place to –
- the applicant;
- the Director of Public Prosecutions; and
- (if the applicant is in custody) the Commissioner.
Hearing of application
- The court may confirm, modify or reverse the decision of the magistrate.
- The court office must serve a copy of any order on the –
- Chief Magistrate (if any);
- Commissioner; and
- magistrate who made the decision under review.