The right to bail and exceptions (Bail applications) Flashcards
What statute governs the general right to bail in criminal proceedings?
Section 4 of the Bail Act 1976.
When must a person be granted unconditional bail?
When none of the exceptions to bail apply.
What is one exception to the general right to bail related to potential offending while on bail?
Where there are substantial grounds to believe the defendant would commit an offence causing physical or mental injury or cause someone to fear such injury.
Who is an “associated person” under the bail exceptions?
A spouse, partner, cohabitant, relative, or someone in an intimate relationship, as defined by the Family Law Act.
In what circumstance related to the defendant’s welfare might bail be refused?
Where custody is necessary for the defendant’s own protection.
What are three key reasons bail may be refused based on the risk posed by the defendant?
Risk of failing to surrender, committing further offences, or interfering with witnesses/obstructing justice.
What must the court consider when assessing bail risks?
Nature/seriousness of the offence, defendant’s character and record, ties to the community, risk of injury, and other relevant factors.
If an exception applies, what must the court determine before denying bail altogether?
Whether any bail conditions can effectively manage the identified risk.
What four criteria must bail conditions meet?
They must be necessary, certain, enforceable, and proportionate.
Name a situation where no right to bail exists under the law.
- In cases involving murder.
- Homcide or rape where there is a previous like conviction
What is the maximum time a person can be held in custody without charge for a summary only offence?
56 days from the first appearance in the magistrates’ court to trial.
What is the maximum time a person can be held in custody between being sent for trial to the Crown Court and arraignment?
112 days.
What are the main exceptions to the general right to bail under the Bail Act 1976?
A person may be denied bail if:
- There are substantial grounds to believe they would:
* Commit an offence on bail
* Fail to surrender to custody
* Interfere with witnesses or obstruct justice - Bail is denied for the person’s own protection
- The case is adjourned for inquiries/reports and keeping them in custody is necessary.
- The offence was committed while already on bail.
- The defendant has previously breached bail conditions or failed to surrender.
- The offence is a qualifying offence (e.g. murder, homicide, or rape with previous similar convictions).
- The defendant tests positive for Class A drugs and refuses treatment
What are the custody time limits after which there is an absolute right to bail under the Prosecution of Offences Act 1985?
The maximum time limits for holding a defendant in custody before trial are:
- 70 days: From first appearance in the Magistrates’ Court to sending the case to the Crown Court.
- 56 days: From first appearance to trial for a summary only offence.
- 112 days: From sending for trial to arraignment in the Crown Court
- 182 days: For indictable offences sent directly to the Crown Court under Section 51 of the Crime and Disorder Act 1998
When can a defendant apply for bail in criminal proceedings?
A defendant can apply for bail immediately, including at their first court appearance. No prior notice or written application is required.
What may the prosecution rely on to oppose a bail application during an adjournment?
The prosecution may submit witness evidence and the defendant’s previous convictions to support a request for the defendant to be remanded in custody.
Can a bail application be made without having a confirmed address for release?
Yes, a defendant may still make a bail application even if they do not have an address available. It is not a prerequisite to applying for bail.
What types of bail can a defendant request in court?
A defendant may request either unconditional bail or conditional bail, depending on the circumstances of the case and the risks identified by the court.
Under the Bail Act 1976, how many further bail applications can a defendant make on the same facts or arguments?
Only one further application is permitted on the same facts or arguments. After that, a change in circumstances or new information must be presented.
What is required for a court to hear more than two bail applications by a defendant?
The defendant must present either a material change in circumstances or new facts or legal arguments that were not previously considered.
Can a defendant make unlimited bail applications if each is made at a new hearing?
No, repeat applications without new grounds may be refused after the second application.
What should a legal adviser consider before making a third bail application on behalf of a client?
They must assess whether there is a genuine change in circumstances or new evidence that could justify a further application.
What might qualify as a “change of circumstances” for the purposes of a third bail application?
Examples include new medical conditions, delays in the proceedings, or new supporting evidence that was not available at previous hearings.
What are the two main options available to a defendant after being refused bail at their first appearance in the Magistrates’ Court?
They can either appeal to the Crown Court for a rehearing or reapply for bail at their next Magistrates’ Court appearance.
