Bail Flashcards
Is there a presumption in favour of bail
Yes - this is general rule but there are exceptions
Is there a presumption for bail if D is appealing conviction or sentence
No
Is there a presumption for bail if mags commit to crown for sentencing
No
What are the big 3 grounds and apply straightforwardly to indictable offences
Substantial grounds for believing that D would
A) fail to surrender for subsequent hearing
B) commit further offences whilst on bail
C) interfere with witnesses
CANNOT USE THESE GROUNDS IF NO REAL PROSPECT OF CUSTODIAL SENTENCE
Are the big 3 available for summary offence
Only if breach of bail condition in current proceedings or previous convictions for failure to surrender
After the big 3 grounds there are grounds where the accused need not be granted bail- what are they ?
For D’s own protection
Insufficient information to deal with it
Already serving a sentence in custody
What are the specialist grounds
Serious cases with high penalties such as murder and rape
Violence against associated person such as domestic abuse. Also drugs offences
Who can grant bail for murder
Only a crown court judge
If charged of murder and have a pre conviction for murder what is the test
Not granted bail unless there are exceptional circumstances to justify it
If charged of murder but no pre cons for it then test is
Not granted bail unless there is no significant risk of D causing an offence likely to cause physical or mental injury
Factors to support grounds are
Seriousness
Character of D, associations and community ties
Strength of evidence
What is surety
Can only be given by a third party - someone with influence over the D
Money will be forfeited
What is security
This can be given by third party or D himself. Money or some other valuable item
What is the custody time limit for awaiting trial in mags
56 days
What is the custody limit for awaiting trial in crown
182 days
What is the start of trial defined as in mags
Start of prosecution evidence
What is the start of trial defined as in crown
Jury sworn
How often must D be brought back to court to be remanded further after second appearance after the 8 clear days
28 days
Can the custody limits be extended
Yes if prosecution apply
What must the defendant get after the 2 applications in mags for bail
Certificate of full argument so can appeal to crown
Custody time limit for awaiting trial for summary offence
56 days
Custody time limit for awaiting trial in crown court
182 days
When is the start of mags trial deemed
Prosecution begins
When is the start of crown court trial deemed
Jury sworn
