CLP 13 - Bail Flashcards
(31 cards)
What is the difference between adjournment and remand?
Adjournment delays the case; remand means the defendant must return, either on bail or in custody.
Who must apply to remand a defendant in custody?
The prosecution.
What is the general position regarding bail?
There is a presumption in favour of bail.
Who makes the first bail decision?
The magistrates’ court, unless it’s a murder case (Crown Court).
When does the right to bail NOT apply?
- When appealing conviction/sentence
- When committed for sentence from magistrates to Crown Court
What are the three main statutory grounds for objecting to bail?
- Risk of failing to surrender
- Risk of committing further offences
- Risk of interfering with witnesses/obstructing justice
What must be shown to deny bail for indictable offences?
Substantial grounds to believe the defendant would:
* Fail to attend
* Commit further offences
* Interfere with witnesses
Is the standard of proof high in bail hearings?
- No – only necessary to show that the fears of behaviour happening have substance and merit
- not same as standard of proof in trial
When can bail be denied for summary offences?
ONLY when:
* Breach of bail conditions
* History of failing to surrender
When is bail for murder, attempted murder, rape, etc. refused?
For murder:
* If D has a pre-con for murder, attempted murder, rape, or serious sexual offence UNLESS there are exceptional circumstances
* OR there is no significant risk of D causing an offence likely to cause physical or mental injury
For attempted murder, rape, serious sexual offence:
* If D has a pre-con for murder, attempted murder, rape, or serious sexual offence UNLESS there are exceptional circumstances
For any other offence carrying life imprisonment
* If D was already on bail and/or fails to attend having been on bail, D may not be granted bail unless there is no significant risk of further offences being committed or failure to attend
When can bail be denied in domestic abuse cases?
If substantial grounds exist that D would likely cause mental or physical injury to the victim/associated persons.
When can bail be denied for drug-related offences?
- If D has a Class A drug in their system
- Offence is related to or motivated by taking Class A drugs
- Bail must not be granted unless no significant risk of reoffending
What factors relate to the risk of failing to surrender?
- Nature and seriousness of offence
- Community ties
- Past bail record
What factors relate to committing further offences?
- Criminal record
- Past offences on bail
- Personal circumstances (e.g., drug use)
What factors relate to interfering with witnesses?
- Strength of the evidence
- D’s previous behaviour
- Character and associations
What must bail conditions be?
Relevant, proportionate, and enforceable.
List common bail conditions.
- Residence at fixed address
- Curfew
- Reporting to police
- Surety or security
- Passport surrender
- Tagging
- Restrictions on contact/movement
- Bail hostel residence
Who can apply to vary bail conditions?
Either party (defence or prosecution), with notice.
What happens if bail conditions are breached?
- Arrest under s.7(3) Bail Act 1976
- May result in tighter conditions or remand in custody
Is breaching bail conditions a criminal offence?
No – but failing to surrender is.
What are the penalties for failing to surrender?
- Magistrates: Up to 3 months + unlimited fine
- Crown Court: Up to 12 months + unlimited fine
What happens when police refuse bail?
D appears before magistrates’ court ASAP in custody.
How many bail applications can D make in the magistrates’ court?
Two.
What must prosecution do if they intend to appeal bail?
- Oppose bail in first hearing
- Announce appeal intention to court
- Submit written notice in 2 hours
- Ensure hearing within 48 hours (excl. weekends)
