Bail - Presumptions and Objectives Flashcards
What is adjournment?
- Where Court cant conclude case
- Case is adjourned
- Does not describe what happens to D
What is remand?
- When D send away and told to come back another day
Where can remand be?
- Custody
- Served in community
- On bail
Who applies for D to be remanded into custody?
Prosecution
How does Prosecution apply for D to be remanded into custody?
Presenting objections to the presumption in favour of bail
When does D apply for bail?
If they receive an objection to bail
Which court commences bail in the first instance?
Always Magistrates, unless murder, which is Crown Court
What is the right to bail?
Court must presume D is entitled to bail.
Only objection can change this.
What about the right to bail in offences like murder?
Statute appears to remove the presumption
Does the right to bail apply when a person is alleged to have breached a requirement of a community order?
Yes, it does.
What happens if a case is not progressing according to time limits?
The right to bail for the Defendant becomes absolute.
When does the right of bail (the presumption) not apply?
1) Those appealing conviction / sentence
2) D being committed for sentence from Magistrates to Crown Court
Can D be granted bail even if the presumption (right to bail) does not apply?
Yes, it is simply the fact that the presumption is not there. But they can still apply.
What are the distinction of offences relevant to bail?
1) Indictable cases
2) Summary cases, imprisonable
3) Summary cases, non-imprisonable
What are the objections that one can take on bail called?
Grounds of objection.
What are the “substantial grounds” against bail?
1) Fail to attend subsequent hearing (failure to surrender to custody);
2) Commit further offences on bail; and/or
3) Interfere with witnesses, otherwise obstruct the course of justice
What is the threshold to be reached in arguing substantial grounds against bail (indictable offence)?
Only necessary to show that this behaviour has substance and merit.
Although no formal rules.
What type of evidence is allowed in a bail objection / application (indictable offence)? Is Hearsay allowed?
1) Witness evidence
2) Hearsay evidence is permitted
What is the no real prospects arm of the law on the objections of bail (indictable offence)?
If there is no real prospect of D receiving custodial sentence, ground of objection cannot succeed.
Is it possible for an indictable offence not to have a custodial sentence? Give an example.
Yes. Theft is indictable, but can be done for stealing a banana.
When can bail be rejected for summay offences?
If breach of condition or failure to surrender in past, bail can be rejected
When are the grounds against right to bail activated for a summary offence?
If D has been arrested for a breach of bail either now or in the past
When does “need not be granted bail” apply?
If one of these are applicable, the above applies.
1) A remand in custody for D’s own protection
2) Court has insufficient information to deal with bail, so short custody for production of such information
3) D already serving a sentence in custody
What are the “specialist” grounds against bail? Give an example.
Offence specific. For example, D might commit offence or harm to an ‘associated person’ (i.e. a domestic violence case).
