Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Criminal Practice > Pre-trial: Bail > Flashcards

Pre-trial: Bail Flashcards

1
Q

What is adjournment?

A

court cannot conclude the case in one hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is remand?

A

When D is sent away and told to come back another day. D is obliged to come back to court to continue with the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

where can remand be served?

A

In custody
In the community on bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Who applies to hagve D remanded into custody?

A

Prosecution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How does the prosecution remand defendant into custody?

A

Present objections to bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

When does the defence apply for bail?

A

Once prosecution objections have been raised

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Where is the first decision for bail made?

A

Magistrates court (except for murder)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is right to bail?

A

The presumption that the defendant is entitled to bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

When does the right to bail not apply?

A
  • Appealing conviction or sentence
  • D being committed for sentence from Magistrates to Crown Court.
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the grounds for objecting to bail for an indictable offence?

A

‘substantial grounds’ for believing D would either:
a) fail to attend a subsequent hearing;
b) commit further offences on bail; and/or
c) interfere with witnesses or obstruct course of justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does substantial grounds mean?

A

Fears of the behaviour happening have substance and merit.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

When should bail not be removed for idictable offences even if the grounds apply?

A

No real prospect of D receiving custodial sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

When will a defendant be remanded for a summary offence?

A

D provided some reason to believe he would
- commit further offences
- fail to surrender
- interfere with witnesses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When may a defendant not be refused bail for summary offence?

A

Not arrested for breach of bail/absconding and:
- not on grounds of committing further offences unless offence was committed on bail
- not on grounds of FTS unless previous FTS conviction

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

When will a defendant need not be granted bail?

A

a) defendant’s own protection;
b) insufficient information to deal with bail so remands for short period to produce sufficient evidence; and/or
c) already serving sentence in custody

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What are the conditions for not allowing bail for murder (unless exceptional circumstances?

A

D has pre-conviction for
i. Murder
ii. Attempted murder
iii. Rape
iv. Serious sexual offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When will bail be allowed for murder?

A

no significant risk of D causing an offence likely to cause physical or mental injury

18
Q

What are the rules for bail where D is on trial for Attempted murder, rape or serious sexual offence?

A

D has pre-con for
i. Murder
ii. Attempted murder
iii. Rape
iv. Serious sexual offence
= no bail unless exceptional circumstances to justify

19
Q

What are the rules for bail where D is on trial for an offence carrying life?

A

If D was either:
i. Already on bail; and/or
ii. Fails to attend having been on bail
= No bail unless no significant risk of D committing further offences or failing to attend

20
Q

What are the rules for bail where D is on trial for an offence suggesting injury towards a family member?

A

Need not grant bail if-
substantial grounds to believe D would commit offence on bail by engaging in conduct that would/likely cause physical/mental injury to an associated person

21
Q

What are the rules for bail where D is on trial for an abuse of drugs offence?

A

i. test shows D has Class A drugs in body; and
ii. the offence relates to a Class A or was caused/ motivated by D taking Class A drugs
No bail unless no significant risk of D committing an offence on bail

22
Q

What are the rules for bail where D was on bail at time of offence for an indictable offence?

A

Need not grant bail

23
Q

What are the rules for bail where D was on bail at time of offence for an summary imprisonable offence?

A

need not grant if substantial grounds for believing D will commit further offences

24
Q

What are the rules for bail where D absconds while on bail for an indictable offence?

A

Need not grant unless prior to conviction and no realistic prospects of receiving custodial sentence

25
Q

What are the factors when considering objections?

A

a) the nature and seriousness of the offence and the likely sentence;
b) D’s character, D’s antecedents, associations and community ties;
c) the defendant’s bail record in the past
d) the strength of the evidence

26
Q

What are common conditions of bail

A
  • Residence at a given address
  • Curfew
  • Reporting to a local police station at given times
  • Surety
  • Security
  • Restriction on where a defendant may go during bail
  • Restriction on who the defendant might have contact with during bail
  • Electronic monitoring (tagging)
  • Bail hostels
  • Surrender of passport
27
Q

What is the limit for bail conditions?

A

None

28
Q

Who can apply to vary a bail condition?

A

Defence or prosecution

29
Q

What happens if a defendant’s application for bail is unsuccessful?

A
  1. Case returns to court week later where bail can be raised a second time without restriction/qualification
  2. Certificate of full argument
30
Q

When are bail appeals heard?

A

One business day after appeal notice served

31
Q

If bail has already been appealed once, how can it be appealed again?

A

Change in circumstances

32
Q

What is the consequence if you appeal bail to the crown court after only one magistrates application?

A

Forfeit second magistrates application

33
Q

What is the process for prosecution to appeal bail?

A

a) Prosecution opposed bail originally
b) Offence punishable by imprisonment
c) Indicates orally at hearing when granted they will appeal (D held in custody)
d) Intention confirmed in writing, served on court and defence within 2 hours

34
Q

When is an appeal on bail by prosecution heard?

A

within 48 hours excluding weekends

35
Q

Who is a prosecution appeal on bail heard by?

A

Crown court
High court if from crown court

36
Q

What is the custody time limit for magistrates court?

A

56 days

37
Q

What is the custody time limit for crown court?

A

182 days less any days spent in custody prior to being sent to crown court

38
Q

When does the trial start in the magistrates court for the purposes of the custody time limit?

A

when court begins hearing prosecution evidence

39
Q

When does the trial start in the crown court for the purposes of the custody time limit?

A

when jury sworn in

40
Q

What happens if a custody time limit expires?

A

defendant released unless prosecution applies to extend and can show:
- acted with all due diligence and expedition
- good sufficient cause

41
Q

If a defendant is remanded into custody at first hearing and trial will take place in the magistrates court, how long must the remand be?

A

No more than 8 clear days

42
Q

When must a defendant be brought back after their second appearance?

A

Every 28 days or fewer

Criminal Practice (22 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions