Bail Flashcards
What are the main grounds for objecting bail? indictable offence
Substantial grounds for believing:
- Failure to attend subsequent hearing
- commit further offences on bail
- interfere with witnesses or obstruct the course of justice (destruction of evidence)
What are the main grounds for objecting bail?
Substantial grounds for believing:
- Failure to attend subsequent hearing
- commit further offences on bail
- interfere with witnesses or obstruct the course of justice (destruction of evidence)
further grounds for bail
A
further grounds for bail
Need not be granted bail:
a. own protection
b. the court has insufficient information to deal with bail, and so remands in custody for a short period for the production of sufficient evidence.
c. defendant is already serving a sentence in custody.
Grounds for objecting bail summary offence
D having been given bail breaches a condition of that bail in these proceedings OR
has a conviction of failure to surrender in their past
When will bail be objected for a summary offence
D breached a bail condition in these proceedings or has a conviction for ‘failure to surrender’ in their past
what’s the rules for bail for murder, attempted murder, rape, attempted rape, serious sexual offence, man slaughter or an offence facing life imprisonment
Bail may not be granted unless there are exception circumstances to justify it
what is the rule for vail for an offence that suggests that D would cause injury to a partner or family member?
D not be granted bails for any imprisonable offence if the court believes there are substantial grounds to believe that D would commit an offence on bail by engaging in conduct that would or would likely to cause physical or mental injury to an associated person .
This is available for non imprisonable offences only if D is arrested under s7 of the bail act for breach
What are the rules on bail for abuse of drugs
Where:
i. the test shows D has a class A drug in Ds body; and
ii. the offence related to Class A or was caused/ motivated by D taking class A drugs
court may not grant bail unless there is no significant risk of D commenting an offence on bail.
what’s the rules for bail for murder
Bail may not be granted unless there are exception circumstances to justify it, if D does not fall in the box above, D may not regranted bail unless there is no significant risk of D causing an offence likely to cause physical or mental injury
what are the rules on bail for attempted murder, rape, serious sexual offence or manslaughter
D may not be granted bail unless there are exceptional circumstances to justify it
what are the rules for bail for an offence carrying life imprisonment
If D was already on bail; and/ or fails to attend having been on bail; D may not be granted bail unless there is no significant risk of committing further offence being committed or failure to attend
where does D attempt to get bail
- 2 attempts at MC
- 1 attempt at bail on appeal to CC
Process for bail in MC to CC
- apply for bail first hearing
- Automatic second appearance one week later- D can apply again.
Once applied to MC twice, certificate of fulling argument is given.
D can appeal to CC in the issue of bail. Notice of application to appeal submitted to CC, MC and prosecution, as soon as practicable after the MCs decisions.
CC will hear appeal 1 business day after the notice.
After CC rejects D can only apply if there is a change in circumstances
What is the procedure for prosecution to appeal against the granting of bail?
a) prosecution must have opposed bail originally
b) offence must imprisonable
c) prosecution indicates orally at the hearing when bail is granted that they will appeal (the defendant is then held in custody)
d) intention to appeal is confirmed in writing and served on the court and defence within 2 hours
e) appeal is heard within 48 hours – excluding weekends
f) appeal is heard by a Crown Court Judge
