Who may apply to a military court for release on bail of a defendant who is held in custody there?
General information · Not legal advice
Material to check
For a practice file we read the written application for release on bail and note the capacity in which its signer acts, the custody record showing the defendant is detained at a military court, and the paper proving the claimed relationship, such as a family register, a marriage certificate or an employment record.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the list at face value: the defendant, the defendant's defence counsel, legal representative, spouse, lineal relative, sibling, family member, cohabitant or employer may each apply, but only in respect of a defendant who is in custody at a military court.
Another reading notes that the provision only says who may 'apply', so it leaves open what each applicant must show: it does not say how a cohabitant or employer proves the relationship, nor when the application may be granted.
Your judgment
Which of the listed capacities does the file actually evidence, and does the custody record show detention at a military court rather than elsewhere?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to widen or narrow the list of applicants, or if a court decision clarifies what must be shown to establish a cohabitant or an employer relationship.