s. 18 18 Further application for bail where bail refused or S. 18 revoked amended by Nos 9158 s. 4, 16/1986 (1) An accused who has been refused bail and is in s. 30, 51/1989, custody pending the hearing or trial of a charge s. 142(k)–(o), may make a further application for bail. 57/1989 s. 4(1)(c), 35/1996 (2) A person whose bail has been revoked under s. 453(Sch. 1 section 18AE or 24(3) may make a further item 8.2), 84/1997 application for bail. s. 7, 68/2009 s. 97(Sch. (3) Subject to section 144(2)(c) of the Criminal items 11.1, Procedure Act 2009, an application under 11.17), substituted by subsection (1) or (2) is to be made— No. 70/2010 s. 15. (a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court; (b) in any other case, to the court to which the person is remanded to appear. S. 18(4) (4) Without limiting subsection (3), if it is reasonably inserted by practicable to do so, an application under this No. 44/2013 section is to be heard by a court constituted by the s. 5. same judge or magistrate who heard the previous application for bail. S. 18AA 18AA Certain circumstances required before application inserted by may be heard No. 70/2010 s. 15. (1) A court must not hear an application under section 18 unless— (a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or (b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or (c) the order refusing or revoking bail was made by a bail justice.
S. 18 amended by Nos 9158 s. 4, 16/1986 s. 30, 51/1989, s. 142(k)–(o), 57/1989 s. 4(1)(c), 35/1996 s. 453(Sch. 1 item 8.2), 84/1997 s. 7, 68/2009 s. 97(Sch. items 11.1, 11.17), substituted by No. 70/2010 s. 15. 18 Further application for bail where bail refused or revoked s. 18 (1) An accused who has been refused bail and is in custody pending the hearing or trial of a charge may make a further application for bail. (2) A person whose bail has been revoked under section 18AE or 24(3) may make a further application for bail. (3) Subject to section 144(2)(c) of the Criminal Procedure Act 2009, an application under subsection (1) or (2) is to be made— (a) in the case of a person charged with treason or murder, to the Supreme Court or a judge of the Supreme Court; (b) in any other case, to the court to which the person is remanded to appear. S. 18(4) inserted by No. 44/2013 s. 5. (4) Without limiting subsection (3), if it is reasonably practicable to do so, an application under this section is to be heard by a court constituted by the same judge or magistrate who heard the previous application for bail. S. 18AA inserted by No. 70/2010 s. 15. 18AA Certain circumstances required before application may be heard (1) A court must not hear an application under section 18 unless— (a) the applicant satisfies the court that new facts or circumstances have arisen since the refusal or revocation of bail; or (b) the applicant was not represented by a legal practitioner when bail was refused or revoked; or (c) the order refusing or revoking bail was made by a bail justice.
77-9008a103.docx