CH 2 - Bail Flashcards
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
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)
s.10 of the Bail Act 2000 relates to ‘Restriction on Bail’ in regards to ‘specified offences.’ Who do these restrictions apply to? (2)
- A defendant who is charged with specified offence &
- has one or more previous conviction for a specified offence. (same or different)
s.10 & s.12 both refer to ‘Restriction on bail’:
If a 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 or s.12?
Only A 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?
CLUE: ‘Commit any offences involving…. (2)
commit any offence involving: violence against or… 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? (2)
Protect the safety of:
- Public
- Victim(s)
s.12(1)(a) BA2000, deals with further restriction on bail in certain cases. What four circumstances must exist under (a) for this to apply to a defendant? (4)
- Age
- CA >3
- B CA >3
- Pre Pr
- Over 17 years
- Crime Act 1961 offence (>3 years)
- On bail or at large for another Crimes Act offence >3 years
- Previously received a sentence of imprisonment
s.12(1)(b) BA2000, deals with further restriction on bail in certain cases. What 5 circumstances must exist under (b) for this to apply to a defendant? (5)
Clue:
- Age>
- CA>3
- 14
- P C >3
- Com Bai
- Over 17 years
- CA1961 offence (>3 years)
- 14 sentences of imprisonment
- previous convicted of offence (>3yrs)
- committed while on bail or at large.
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?
Clue: Commit any offence involving:(4)
- Violence
- danger to the safety of, any other person. OR
- Burglary
- Other serious property offence.
For the purposes of s.12(5) BA2000, what does ‘serious property offence’ mean?
- Part 10 of the Crimes Act 1961
- >7 years imprisonment
For the purposes of s.12 BA2000, does a sentence of imprisonment include corrective training?
Yes.
s.15 BA2000, Granting of bail to a 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… (3)
Clue: age/previous
- Appears 17 years of age
- Under 17 years charged with/convicted of any offence in a District Court or High Court
- No previous imprisonment
What does s.16 BA2000 say in relation to a defendant charged or convicted of drug offences?
Clue: who can grant bail?
Defendant can only be granted bail by
- High Court or
- District Court Judge.
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’.
s.21 When police are considering bail for an offence involving s.49 DVA1995 what is the primary consideration?
The need to protect the victim.
