Bail Flashcards
Name the Big Three grounds the prosecution can use to object to bail. “Substantial grounds to believe…”
- FTS
- commit further offences
- obstruct course of justice
What class of offences can the prosecution object to the general right to bail?
Indictable offences
What factors must the courts consider when deciding whether to object to bail? (6)
- Nature and seriousness of offence
- Likely sentence
- Character of D (e.g. previous convictions)
- Community ties
- Bail record (tendencies)
- Strength of evidence against D
Can the prosecution appeal to the granting of bail?
Yes
What are further 3 grounds the prosecution can object to bail?
- D’s own protection
- Insufficient information to decide
- D already serving sentence
What are the specialist 2 grounds that the prosecution can object to bail?
- Serious case with high penalties
- Nature of offence e.g. domestic violence
What happens if defendant breaches bail condition? (2)
- bail tightened
- remanded in custody
Bail conditions must be…(3)
- relevant
- proportionate
- enforceable
What bail condition is a criminal offence to breach?
FTS without reasonable cause
How many bail attempts do you have if it’s a magistrates court trial?
3
2 attempts in Magistrates Court
1 attempt on appeal in Crown Court
How many bail attempts do you have if it’s a Crown Court trial?
2
1 attempt in magistrates court (first hearing)
1 attempt on appeal in Crown Court
When are bail appeals heard once notice has been served?
1 business day
What document must you obtain before you can appeal for bail in Crown Court?
Certificate
How long must you wait between first and second bail attempt for a Magistrates Court trial?
One week
What happens if you appeal to Crown Court straight after 1st bail attempt (Magistrates Court trial) ?
You lose your second attempt in the Magistrates Court
