The probation officer at court can either oppose bail in an oral submission or in a written submission.
If preparing a written submission the probation officer should use the opposition to bail report template.
Where appropriate, the supervising probation officer should use the form to oppose bail and forward it to the court servicing team with the relevant breach file.
Opposition to bail report
The opposition to bail report should contain the following:
- offender details, including:
- name of the offender
- date of birth, and
- personal record number (PRN)
- relevant legislation for opposing bail, clearly stating the relevant section (section 8 Bail Act 2000)
- sentence details, including:
- the sentence
- start and end date, and
- special conditions (if relevant)
- current offence, summarising the breach the offender is facing previous convictions, including:
- summarising the relevant convictions from combined criminal and traffic history
- highlighting any breaches of bail/court orders, and
- specific grounds for opposing bail, including:
- giving evidence supporting the relevant legislation, and
- stating clearly why bail is being opposed.
The report needs to be dated and signed by the writer of the report.
Attachments to the report should be listed and could include:
- original court order
- summary of facts (for breach)
- combined criminal and traffic history, and
- any other relevant letters or documents.
