Bail Flashcards
(25 cards)
What is bail?
A prognostic exercise weighing factors to decide if it’s in the interest of justice to release a suspect awaiting trial.
What is the main purpose of bail?
To balance society’s interests and the liberty of an accused.
What constitutional rights are relevant to bail?
- Freedom of movement
- Presumption of innocence
- Right to be released from detention if in the interests of justice.
What are some ways an alleged offender can interfere with justice?
- Witness intimidation
- Fleeing the country
- Tampering with evidence.
Under what conditions can an alleged offender be released on bail?
If it is in the interest of justice and usually subject to conditions, often the payment of money.
True or False: Bail is a form of punishment.
False.
What should be considered when determining bail?
The accused’s previous convictions and the risk of interfering with justice.
What are the risk factors for bail contained in?
Section 60 of the Criminal Procedure Act (CPA).
Who bears the onus in bail applications?
If the state opposes bail, they must prove it’s not in the interest of justice.
What is the significance of Schedule 6 offences in bail applications?
Accused must show exceptional circumstances for release on a balance of probabilities.
What is the nature of bail proceedings?
Treated as a matter of urgency and not a criminal trial.
What must the accused be informed of in relation to bail?
Their right to bail and the procedure following this.
What is police bail?
Granted by police before the first appearance, usually for non-serious offences.
What is prosecutor bail?
Authorized by the DPP for Schedule 7 offences after consulting the investigating officer.
What is the evidentiary burden for the accused in bail applications?
To show compliance during bail and that it’s in the interest of justice to release them.
True or False: Previous convictions can be used against the accused in bail proceedings.
True, but they are normally inadmissible.
What factors are considered regarding public safety in bail applications?
- Degree of violence in the charge
- Any threats made by the accused
- Past history of committing offences.
What does the court consider regarding the likelihood of the accused evading trial?
- Strength of the state’s case
- Possibility of a heavy sentence
- Mobility and ties to the community.
What are the guidelines for witness intimidation in bail applications?
- Relationship between accused and witness
- Evidence of actual intimidation
- Ease of destroying evidence.
What may the court consider regarding the proper functioning of the criminal justice system?
- Previous false information supplied to police
- Past failure to comply with bail conditions.
What is the significance of public order in bail applications?
Community shock and the potential to undermine public confidence in the justice system.
What personal factors may the court consider in bail applications?
- Length of custody since arrest
- Trial delays
- Health of the accused.
What is the role of the judge in bail proceedings?
More active and inquisitorial, may raise issues of bail and question witnesses.
What is meant by ‘exceptional circumstances’ in bail applications?
Conditions that justify the release of the accused despite serious charges.
