bail Flashcards
define bail
The release of an accused person after charge but before any possible conviction – on an undertaking that they will surrender to custody or court at a specified time
what are the two grounds that the Refusal of bail could only be justified on ?
- Where there was a possibility that the applicant might abscond
2. Where there was a likelihood that the applicant might tamper with evidence or interfere with witnesses
It was not sufficient ground that the applicant would commit further offences
what is the burden of proof for bail ?
- There is a presumption in favour of bail
- The burden of proof rests at all times on the prosecution to prove, on the balance of probability, that bail should be denied
O’Callaghan – evidence must be more than a ‘belief’
what is the fundamental condition for bail?
Fundamental condition – the accused will appear before court when required to do so
Not commit an offence when admitted to bail
what is an own bond condition for bail?
requirement to pay a fixed sum that will be forfeited if he fails to appear
what is the condition of independent bail?
a surety (another party) will often be required to enter into recognisance on the accused’s behalf and pay a fixed sum – or may direct a sum of money be lodged into the court in lieu of sureties
What is station bail?
There is station bail – when an individual is brought to a Garda station and charged - the member in charge has the authority to release the person on ‘station bail’ after taking a recognisance (s 31 of the Criminal Procedure Act 1967, as amended by s 3 Criminal Justice (Miscellaneous Provisions) Act 1997
What is recognisance?
essentially a bail contract that the accused must sign
Where is bail usually sought?
Most bail applications made in the DC; specified offences can only be made in the HC
Is there an issue with fixing bail at an amount that a person cannot pay?
Bail cannot be fixed at an amount which would amount to the denial of bail (i.e. cannot be excessive
Does the Bail Act 1997 s 2 (1) apply to a non-serious offence?
If an applicant is seeking bail for an offence which is not listed as a serious offence under the 1997 Act – cannot be refused on the grounds that they may commit further offences whilst released on bail
- What changes resulted from the enactment of the Bail Act 1997 – in relation to refusal of bail?
S 2 (1) ‘where an application for bail is made by a person charged with a serious offence, the court may refuse the application if the court is satisfied that such refusal is reasonably considered necessary to prevent the commission of a serious offence by that person’ (serious offence defined in s1 as an offence which attracts 5 years imprisonment or more as punishment) S 2(3) ‘… it shall not be necessary for a court to be satisfied that the commission of a specific offence by that person…’
