Court of Appeal issues new practice note for bail applications and appeals

Stephen Kós, president of the Court of Appeal, has issued a practice note for bail applications and appeal.

The note outlines how applications and appeals under sections 54 and 42 of the Bail Act 2000 will be heard in the Court of Appeal.

It said that bail applications brought under section 54 of the Bail Act 2000 will be heard in court, including by AVL where permitted, but not by telephone, and not on the papers.

These applications will be heard by a single judge, or by three where section 333 (3) of the Criminal Procedure Act 2011 applies. Section 54 bail applications will also be listed in the online fixtures list and the court foyer list, with the form of listing being subject to applicable suppression orders.

Bail appeals brought under section 42 of the Bail Act 2000 will be heard in court, unless the criteria in section 329 (2) or (3) of the Criminal Procedure Act 2011 apply. In those events, the appeal will be dealt with on the papers, the note said.

Both types of Section 42 appeals, will be heard by three judges, and will be listed like section 54 applications, the note said.