Bail Flashcards
What is the default position on bail?
There is a right to unconditional bail.
When may the default position on bail be challenged? (Indictable only and either-way offences)
When there are substantial grounds for believing:
(i) D would abscond;
(ii) D would commit further offences on bail;
(iii) D would interfere with witnesses/obstruct the course of proceedings on bail
The court need not grant bail
What are the exceptions to the right to bail?
(a) D has been committed to the CC for sentence;
(b) D is appealing against conviction or sentence; or
(c) Specified crime (e.g. murder, rape, etc)
When would a presumption against the grant of unconditional bail not apply?
(a) D is 18;
(b) D hasn’t been convicted of an offence; and
(c) there no real prospect that D will have a custodial sentence
What factors will the court consider when meeting the ‘substantial ground for believing’ threshold for denying bail (e.g. substantial ground for believing D will fail to surrender)?
By considering:
(a) the nature and seriousness of the offence;
(b) the Defendant’s character (e.g. previous convictions), background and affiliations;
(c) D’s record regarding previous bail proceedings; and
(d) strength of evidence against D.
What conditions on bail aim to prevent Absconding?
- Security
- Reporting to a police station
- Residence
- Surrender of passport
What conditions on bail aim to prevent further offences from being committed?
- Reporting to a police station
- Residence
- Curfew
- Non-communication with prosecution witnesses (prevents interference with witnesses)
- Restriction on entering specified areas (prevents interference with witnesses)
How many applications for bail can be made in the MC?
2 full applications.
Any further applications must raise a new argument as to fact or law.
How can D abscond on bail?
If they:
(i) Fail to surrender to custody without a reasonable excuse; or
(ii) had a reasonable excuse for failing to surrender but didn’t surrender as soon as it was practicable to do so.
What are the implications of absconding?
It is a criminal offence to abscond.
The court can sentence D immediately or adjourn until conclusion of substantive proceedings.
What are the implications of breaching bail conditions?
Criminal offence not committed, but the defendant is likely to have their bail reviewed by the magistrates.
Could lead to harsher conditions or a remand in custody.
