28 |
Bail
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| 28.1 |
Section 36A of the Bail Act provides for the immediate review of a determination of either a justice or magistrate to grant bail. The grant of bail is stayed, and the prisoner may not be released until: the bail is reviewed; or a notice is filed withdrawing the request for review; or at the expiration of three business days (extendable where appropriate) – whichever is the earliest. |
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| 28.2 |
As there is no power to refuse a request for review, all requests have significant implications for prisoners, who may be required to spend several additional days in custody before their bail determination can be reviewed by the Supreme Court. |
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| 28.3 |
Accordingly, when an application under section 36A is made, the matter must be immediately referred to the Director’s Chambers for decision as to whether or not the grant of bail should be reviewed. All referrals are to be considered without delay. |
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| 28.4 |
As soon as a determination is made whether or not to proceed with the review, the appropriate application is to be made by the ODPP either to the Supreme Court, to list the matter for review; or to the Court of Summary Jurisdiction, to withdraw the application. |
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| 28.5 |
An extension of the stay of the grant of bail (pursuant to section 36A (6)) should only be requested in exceptional circumstances. In all such cases, approval to seek an extension is to be obtained from either the Director or Deputy Director. |
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