Special applications made to a criminal court in WA generally concern fairness to the accused. For example an amendment to a bail condition to reduce the number of days per week an accused must report to the police because the reporting is interfering with their work commitments would be a special application. So too is an application to return a phone seized during a police search because the accused has key business contacts saved on that phone.
There are therefore many types of applications that can be made to a WA criminal court. The ones set out below are the most common.
Commonly requested applications include:
- Bail, including change of bail conditions and surety conditions;
- Extraordinary Motor Vehicle Drivers License (EDL);
- Violence Restraining Orders (VRO);
- Spent Convictions; and
- Setting Aside a Plea of Guilty
You Only Get One Go
It is important to remember that these applications can only be made once, unless there are special circumstances which allow an applicant to apply a second time, or a prescribed time period has elapsed.
It is therefore important that the applications are properly based on a logical and reasoned argument, meet the rules of the various courts in terms of what to include in the application, and comply with the various procedural steps of the courts including filing of documents and time frames.
At Criminal-Lawyers-Perth we often receive inquiries from people who have “had a go” at one of these applications and for various reasons the application has been denied. In just about every case it is incredibly difficult, if not impossible for even the most experienced lawyers to re-apply, or at least get the application back on track.
If you intend on making a special application then call Criminal-Lawyers-Perth on 0422 656 589 to make an appointment with one of our experienced criminal lawyers to discuss your case.
The above represents information only and is not to be taken as providing legal advice. It is purposely written in non-technical legal language in order to be understood by a wide audience of people from all types of backgrounds. If you want to know more about this topic you are advised to contact us at Criminal-Lawyer-Perth, or call one of our criminal lawyers directly on 0422 656 589, or speak to a lawyer of your choosing.