BAIL APPLICATIONS AT COURT

Question 1

There is a general presumption that a suspect will be granted bail, except in which cases?

Answer 1

Murder

Question 2

Unless in the case of a murder, the court can only deny bail to a suspect if which 2 criteria are met?

Answer 2

1. An exception to the right to bail applies:
   a. likely to fail to surrender; or
   b. commit further offences;
   interfere with witnesses or obstruct justice;
   c. cause fear or harm to an associated person.
2. there is a real possibility of a custodial sentence being given if the suspect is found guilty.

Question 3

In considering if bail can be granted, the court will consider which factors?

Answer 3

1. The nature and seriousness of the offence
2. The defendants character, previous convictions and community ties
3. The strength of the evidence
4. The risk that the defendant may engage in conduct that poses a risk of causing harm to another.

Question 4

The court can attach conditions to bail providing that they are relevant, proportionate and enforceable. Common conditions include:

Answer 4

1. Requiring the defendant to reside at a specified address
2. Requiring the defendant to report to their local police station at specified intervals
3. Prohibiting the defendant from going to a particular area or speaking with particular people
4. Curfew, electronic tag

Question 5

The courts must consider the appropriateness of bail at each hearing, however the defendant can only make a maximum of X applications based on the same facts?

Answer 5

2

Question 6

What are the consequences of a defendant breaching their bail conditions?

Answer 6

They can be arrested without warrant.