Bail Flashcards
Under s.7 of the Bail Act 2000, when is a defendant bailable as of right?
charged with offence not punishable by imprisonment
A defendant who is charged with an offence punishable by imprisonment is not bailable as of right if the defendant has been previously convicted of an offence punishable by death or imprisonment. True or False?
TRUE
s.7(2) of the Bail Act 2000: A defendant is bailable as of right who is charged with an offence punishable by 3 years or less, unless they are what 3 offences?
- Assault on an child
- Males assaults female
- Contravention of a protection order
What does s.10 of the Bail Act 2000 relate to in regards to specified offences?
Restriction on bail: Where defendant is charged with specified offence & have a previous conviction for a specified offence.
BA2000 s.8: When considering if there is just cause for continued detention, what 3 ‘risks’ must the court take into account?
defendant will/may:
- fail to appear
- interfere with witnesses/evidence
- offend while on bail
s.10 BA2000– Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence. Who may order the release on bail of a defendant subject to s.10?
High Court or District Court Judge.
According to s.10 BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?
commit any offence involving:
-violence against
-danger to
the safety of, another person.
What are the 2 primary considerations a judge must consider when considering bail or a remand at large under s.10 & s.12 BA2000?
protect the safety of:
- public
- victim(s)
What did the amendments to the BA2000 in September 2013, do for those accused of serious offences in regards to being to be granted bail?
Reversed the burden of proof. (defendant to prove they should be released on bail)
What does s.12 BA2000 relate to?
Further restriction on bail in certain cases.
s.12 BA2000– Restriction on bail if defendant with previous conviction for specified offence charged with further specified offence. Who may order the release on bail of a defendant subject to s.12?
District Court or High Court Judge.
BA2000 s.8: In considering if there is ‘just cause’ for continued detention under subsection (1), the court may take into account the following 8 things:
- Seriousness of the offence
- seriousness of punishment
- strength of evidence
- character & past conduct
- history of offending while on bail
- length of time before hearing
- prejudice to defendant
- special matters
s.12(1)(a) BA2000, deals with further restriction on bail in certain cases. What 4 circumstances must exist under (a) for this to apply to a defendant?
- under 17 years
- CA1961 offence (>3 years)
- on bail or at large for another CA offence >3 years
- previously received a sentence of imprisonment
According to s.12(5) BA2000, what must the defendant satisfy the Judge (on the balance of probabilities) that he or she will not do while on bail or remanded at large?
commit any offence involving: -violence against -danger to the safety of, any other person. OR -burglary/other serious property offence.
s.12(1)(b) BA2000, deals with further restriction on bail in certain cases. What 4 circumstances must exist under (b) for this to apply to a defendant?
- under 17 years
- an offence (>3 years)
- 14 sentences of imprisonment
- previous convicted of offence (>3yrs) committed while on bail or at large.
Who must satisfy the Judge under s.10 BA2000 that bail or a remand at large should be granted.
The defendant.
For the purposes of s.12(5) BA2000, what does ‘serious property offence’ mean?
- Part 10 of the CA1961
- >7 years imprisonment
For the purposes of s.12 BA2000, does a sentence of imprisonment include corrective training?
Yes.
s.15 BA2000 relates to Granting of bail to defendant who is 17 years of age. A court that remands a defendant at any stage of the proceedings, including sentencing, must release the defendant on bail or subject to such conditions as it thinks fit if—
-17 years of age
&
-no previous imprisonment
(applies to under 17 years charged with/convicted of any offence in a District Court or High Court.)
In relation to police bail, what does s.21 state in relation to a persons right to bail (s.7)
Despite s.7, NO person is entitled to be granted Police bail under this section ‘as of right’.
When police are considering bail for an offence involving s.49 DVA1995 what is the primary consideration?
The need to protect the victim of the alleged offence.
According to s.21 BA2000:
- who within police can grant bail?
- when can they grant bail?
- who can they grant bail to?
-Any police employee
-when prudent to do so
-anyone charged with a offence & arrested without warrant
(except when subject to sections 9, 9A, 10, 12, 16, 17A)
What does s.16 BA2000 refer to?
A defendant charged or convicted of drug offence(s) can only be granted bail by High Court or District Court Judge.
s.21A(4) BA2000: “The date for attendance by the defendant before a court must not be later than ____ days from the date of the notice.”
14 days
Under s.35(1) BA2000 what 2 circumstances can a constable arrest a person without warrant
-has absconded or about to abscond to evade justice; OR -contravened/failed to comply with any condition of bail.
