02 Bail applications

Question 1

Bail

Question 2

Remand

Question 3

What are the two types of bail?

Answer 3

• Unconditional bail:
• Bail with conditions:

Question 4

• conditional bail;
• procedure for applying for bail;
• further applications for bail;
• appeals against decisions on bail;
• absconding and breaches of bail.

Question 5

General right to bail

Answer 5

s 4 of the Bail Act 1976 => general presumption that bail will be granted to the following types of defendants (unless one or more exceptions apply):

(a) An accused before conviction when he:
* appears or is brought before a magistrates’ court or the Crown Court in the course of or in connection with proceedings for the offence, or
* applies to a court for bail (or for a variation of bail conditions) in connection with the proceedings.

(b) an offender who, after being convicted of an offence, appears or is brought before a magistrates’ court or the Crown Court for:
* referral orders: referral back to appropriate court,
* breach of reparation order,
* breach, revocation or amendment of youth rehabilitation orders,
* breach of requirement of community order, or
* breach of orders under section 1(2A) of the Street Offences Act 1959.

(c) an offender after conviction during an adjournment by the court for the purpose of enabling inquiries or a report to be made to assist the court in dealing with him for the offence.

Question 6

Absence of right to bail

Answer 6

The presumption in favour of bail does not apply to:
(a) defendants before the Crown Court awaiting sentence; or
(b) defendants who are appealing against conviction or sentence.
(c) Unless exceptional circumstances exist, defendants charged with or convicted of the most serious types of offence:
* murder
* attempted murder
* manslaughter
* rape
* attempted rape
* a number of other serious sexual offences.

Question 7

Exceptions to the right to bail

Question 8

Statutory considerations for refusing bail

Answer 8

The court shall have regard to the following considerations when deciding if there are ‘substantial grounds’ for refusing bail:

(a) Nature and seriousness of the offence,

(b) Character, antecedents, associations and community ties of the defendant,

(c) Defendant’s record in relation to previous grants of bail,

(d) Strength of the evidence against the defendant,

(e) if the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail, would commit an offence while on bail, the risk that the defendant may do so by engaging in conduct that would, or would be likely to, cause physical or mental injury to any person other than the defendant,

(f) any other relevant factor.

Question 9

procedure for applying for bail

Question 10

further applications for bail

Question 11

Appeals against decisions on bail

Question 12

absconding and breaches of bail