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FLK 2: Criminal Law and Practice > Topic 3 - Bail > Flashcards

Topic 3 - Bail Flashcards

(74 cards)

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1
Q
A
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2
Q

What is the presumption regarding the right to bail?

A

The court must presume that a defendant is entitled to bail unless a proper objection is made out.

This principle is established in the Bail Act 1976 s.4.

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3
Q

What is an adjournment in the context of court proceedings?

A

An adjournment refers to a case being postponed to a later date for further hearings.

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4
Q

What does remand mean in legal terms?

A

Remand refers to a defendant being sent away and instructed to return to court on another day.

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5
Q

Who applies for a defendant to be remanded into custody?

A

It is the prosecution that applies to have the defendant remanded into custody.

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6
Q

What must the prosecution present to remand a defendant into custody?

A

The prosecution must present objections to bail.

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7
Q

What are the two main types of objections to bail?

A

Objections vary based on:
* Type of offence
* Seriousness of the offence

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8
Q

What is the concern regarding trivial offences and bail?

A

The concern is that a defendant may spend more time in custody awaiting trial than they would if convicted.

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9
Q

What is conditional bail?

A

Bail granted subject to certain conditions that address the court’s concerns about the defendant’s behavior.

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10
Q

When does the right to bail not apply?

A

The right to bail does not apply to:
* Defendants appealing their conviction or sentence
* Defendants committed for sentence from Magistrates’ Court to Crown Court

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11
Q

What are the ‘big three’ grounds for objecting to bail in indictable offences?

A

The grounds are:
* Failure to attend a subsequent hearing
* Committing further offences on bail
* Interfering with witnesses or obstructing justice

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12
Q

What is required to show ‘substantial grounds’ for believing bail should be denied?

A

It must be shown that there are substantial grounds for believing the defendant will behave in a way that warrants denying bail.

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13
Q

What is the ‘no real prospects’ filter in bail objections?

A

Bail should not be removed if there are no real prospects of the defendant receiving a custodial sentence.

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14
Q

What triggers the grounds for objection in summary offences?

A

Grounds for objection are triggered by a defendant breaching a condition of bail or having a history of failing to surrender.

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15
Q

What are the three additional grounds for not granting bail?

A

The grounds are:
* Remand in custody for the defendant’s own protection
* Insufficient information to deal with bail
* Defendant already serving a sentence

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16
Q

What are the categories of serious cases that affect bail decisions?

A

Categories include:
* Serious cases (e.g., murder, rape)
* Cases of particular character (e.g., drugs, domestic violence)

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17
Q

What is the general rule for lesser summary offences and bail?

A

Grounds for objection are only available if the defendant breaches bail conditions or has a history of failing to surrender.

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18
Q

What happens if a defendant breaches a condition of bail?

A

The prosecution can raise objections to bail based on the ‘big three’ grounds.

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19
Q

What must be shown for bail to be denied in cases involving high penalties?

A

Exceptional circumstances must justify denying bail for serious offences.

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20
Q

What is required to remand a defendant in custody for serious offences?

A

The court must determine there is a significant risk of further offences or failure to attend if released.

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21
Q

What is the role of the court in the bail objection process?

A

The court has an inquisitorial role, asking questions and may require evidence from sureties.

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22
Q

What is the significance of a previous conviction in bail decisions?

A

A previous conviction can influence the assessment of risk and the likelihood of reoffending on bail.

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23
Q

What are the conditions under which D may not be granted bail for serious offences?

A

D may not be granted bail unless there are exceptional circumstances

Serious offences include attempted murder, rape, or serious sexual offences.

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24
Q

What happens if D fails to attend court while on bail?

A

D may not be granted bail unless there is no significant risk of further offences being committed or failure to attend.

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25
What is a 'pre-con' in the context of bail?
A pre-con refers to a previous conviction.
26
How is bail assessed if D does not have a qualifying pre-con?
Bail is assessed on the usual grounds.
27
What factors influence the decision to grant bail when D is charged with an offence against a partner or family member?
Substantial grounds to believe D would commit an offence on bail causing injury to an associated person.
28
What conditions apply if D is charged with drug abuse?
Bail may not be granted unless there is no significant risk of D committing an offence on bail.
29
What does the court consider if D is on bail at the time of an alleged offence?
The court 'need not' grant bail for an indictable offence or may not grant bail for a summary imprisonable offence if there are substantial grounds for believing D will commit further offences.
30
What are the general grounds for objection to bail?
Grounds include: * Fail to surrender (FTS) * Commit further offences (CFO) * Interfere with witnesses or obstruct the course of justice.
31
Under what circumstances may bail not be granted for a defendant's own protection?
Applicable for both imprisonable and non-imprisonable offences.
32
What factors are considered when assessing grounds for objecting to bail?
Factors include: * Nature and seriousness of the offence * Character of the defendant * Defendant’s bail record * Strength of the evidence.
33
What is the significance of 'community ties' in bail considerations?
Community ties help assess the likelihood of D absconding.
34
What is the difference between a 'factor' and a 'ground' for objection in bail proceedings?
A factor informs the grounds for objection, but bail denial must be based on a legitimate ground.
35
What common bail conditions may be imposed by the court?
Common conditions include: * Residence at a given address * Curfew * Reporting to a local police station * Surety * Security * Restrictions on movement or contact.
36
What must the court consider before imposing a condition of bail?
The condition must be relevant, proportionate, and enforceable.
37
What is the purpose of a surety in bail conditions?
To secure the defendant's return to court, usually involving a financial guarantee.
38
What happens if a defendant breaches bail conditions?
The defendant may be arrested and risk having bail conditions tightened or being remanded in custody.
39
What is the only bail breach that constitutes a criminal offence?
Failing to surrender to custody (FTS).
40
What is the maximum penalty for failing to surrender to custody?
Up to three months' imprisonment and/or an unlimited fine.
41
What is the procedure for applying for bail after being refused by the police?
D will appear before the next available magistrates’ court in custody.
42
What is the role of the defence advocate upon D's arrival at court?
To check if the prosecutor intends to object to bail being granted.
43
What is the usual time limit for custody in the magistrates' court for summary only or either-way offences?
56 days ## Footnote This time limit is applicable before a trial must commence.
44
What is the usual time limit for custody in the Crown Court for indictable only or either-way offences?
182 days ## Footnote This limit is less any days spent in custody prior to the case being sent to the Crown Court.
45
What must happen if the custody time limit expires?
The defendant will be released unless the prosecution applies to extend the time limits ## Footnote The prosecution must show that it has acted with 'all due diligence and expedition' and that there is 'good and sufficient cause' for further remand.
46
What does the procedure for applying for bail involve when the defendant is refused bail by the police?
The defendant appears before the next available magistrates’ court in custody ## Footnote The defence advocate first checks with the prosecutor regarding objections to bail.
47
How many attempts at bail does a defendant have in the magistrates' court?
Two attempts ## Footnote This is in addition to one attempt on appeal to the Crown Court.
48
What must the court provide if it refuses bail under s. 4 Bail Act 1976?
The court must give its reasons for refusal or conditions imposed ## Footnote A form detailing the court's decision will also be completed.
49
What is required for a defendant to appeal to the Crown Court after having two applications for bail?
A 'certificate of full argument' must be secured from the magistrates' court ## Footnote This certificate summarizes what has transpired in the court below.
50
What happens in urgent cases regarding bail applications?
The Crown Court will hear a bail appeal no later than one business day after notice is served ## Footnote This is faster than waiting a week for a second attempt in the magistrates' court.
51
True or False: A defendant can appeal to the Crown Court after only one application in the magistrates' court and still retain the right to a second application there.
False ## Footnote If a defendant appeals to the Crown Court after only one application, they lose the right to a second application in the magistrates' court.
52
What are the requirements for the prosecution to appeal against the granting of bail?
* Prosecution must have opposed bail originally * Offence must be punishable by imprisonment * Prosecution must indicate intention to appeal at the hearing * Intention to appeal must be confirmed in writing within two hours * Appeal must be heard within 48 hours ## Footnote The appeal is heard by a Crown Court Judge.
53
What is the definition of the start of a trial in the magistrates' court?
When the court begins hearing evidence from the prosecution ## Footnote This is important for determining the custody time limit.
54
What is the maximum remand period for a defendant's first hearing in the magistrates' court?
No more than eight clear days ## Footnote The defendant must be brought back to court within this timeframe for another bail application.
55
How often must a defendant be formally remanded into custody after the second appearance?
Every 28 days or fewer ## Footnote This is until their trial, which can occur in their absence.
56
What is the requirement for the prosecution regarding the time frame for bringing cases to trial?
The prosecution cannot hold a defendant beyond the custody time limits unless sanctioned by the court ## Footnote This is to prevent unduly long periods of remand in custody.
57
What is the purpose of bail?
To ensure that defendants appear in court on the allocated date. ## Footnote If a defendant fails to surrender to bail, they can be arrested and brought before the court.
58
What is the default position for unconvicted defendants regarding bail?
Unconditional bail. ## Footnote Exceptions apply for special categories such as murder.
59
Which section of the Bail Act enshrines the right to unconditional bail?
Section 4 of the Bail Act.
60
What are the three most commonly used exceptions for denying bail?
The court must believe that the defendant would: * fail to surrender * commit further offences * interfere with witnesses or obstruct justice.
61
Under what condition can bail not be granted if the defendant is charged with an indictable offence?
If the defendant is appearing before the court charged with an indictable offence alleged to have been committed whilst already on bail.
62
What factors must be considered when objecting to bail according to paragraph 9?
The factors help determine if grounds for objection are met: * seriousness of the case * community ties of the defendant * history of previous appearances in court.
63
True or False: The right to bail exists for convicted defendants.
False.
64
What can the court impose if it has concerns about unconditional bail?
Conditions on the bail. ## Footnote Conditions must be relevant, proportionate, and enforceable.
65
What is a common condition that might be imposed on bail?
Conditions such as: * residence * reporting to a police station * surrendering a passport.
66
What is required from the magistrates after making a bail decision?
They must complete a document outlining the decision, conditions imposed, and the grounds and factors considered.
67
What happens if bail is refused?
The defendant must be brought back before the court no later than eight days later.
68
What is the offence of failing to surrender?
It carries a prison sentence if done without reasonable cause.
69
What must the defence establish for a breach of bail condition?
Reasonable cause on the balance of probabilities.
70
Fill in the blank: Bail can also be refused for the defendant's own _______.
protection.
71
What must the court consider before imposing bail conditions?
If the conditions are relevant, proportionate, and enforceable.
72
What is a potential outcome for a defendant who breaches bail conditions?
The magistrates may decide to extend the bail despite the breach.
73
What is the relationship between summary offences and bail issues?
Summary only offences are less likely to attract custody and therefore less likely to have bail issues.
74
What are custody time limits?
Safeguards to ensure that defendants do not spend longer than necessary on remand awaiting trial.

FLK 2: Criminal Law and Practice (17 decks)

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