Re an Application for Bail by Merritt (No 2)

Merritt applied for bail under section 43 of the Bail Act 1992 (ACT), claiming that he had recently become a resident of the ACT and had no previous convictions. The application was opposed by the Director of Public Prosecutions on the basis that Merritt had pending charges and had been previously denied bail. The court was required to determine whether there had been a sufficient change in circumstances to warrant a grant of bail. The court also considered whether Merritt's desire to undertake drug rehabilitation and his lack of a criminal record were factors that should be taken into account when deciding whether to grant bail.

The court found that there had been a change in circumstances, as Merritt had become a resident of the ACT and had no previous convictions. The court also noted that Merritt's desire to undertake drug rehabilitation and his lack of a criminal record were factors that supported a grant of bail. However, the court was concerned about the adequacy of the cash surety provided, as it was not clear whether the cash was provided by the surety from their own resources. The court adjourned the application to allow Merritt to provide further information about the cash surety and to consider whether a non-cash surety could be provided.

The court noted that the bail application form could be improved to ensure that applicants provided all necessary information. The court also noted that bail applications should be adjourned if insufficient notice was given of the grounds of the application. The court ordered that the application be adjourned to 12 January 2010 at a time to be fixed, to allow Merritt to provide further information about the cash surety and to consider whether a non-cash surety could be provided.