7-Bail Flashcards
everyone charged with an offence is on remand this is either :
in custody
on conditional or unconditional bail
what types of bail are there
pre charge bail
post charge bail
court bail-before sentencing
what are the competing interests on bail
right to freedom and the ECHR
against
public interest to protect itself
what is prima facie
the right to bail
where is the right to bail seen
article 5 ECHR
s4 Bail act 1976
what are exemptions against right to bail
D is charged with murder, manslaughter or rape (or attempts) AND has been convicted of any of these offences previously
D is charged with murder
D is charged with an offence that carries a potential life sentence and was already on bail for another offence
where shows exemptions to right to bail
section 25 of criminal justice and public order act
who can grant bail and what act gives the right
a judge under s115 of the coroners and justice act 2009
what are the time limits for remand on bail
no time limit but should be reasonable
remand in custody time limits are
summary- 56 days
triable/indictable- 182 days
schedule 1 of bail act 1976 discusses what
refusing bail when a crime is a summary offence or is something that can be punished with imprisonment
what are the other reasons for refusing bail
fail to surrender, other offences, Ds own protection, on custodial sentence, obtain information
how does laspo limoit refusing bail
can’t refuse bail if no real prospect of going to prison in first place.
what are the other factors looked at when assessing bail
- Nature and seriousness of offence as well as any aggravating factors
- D’s character, antecedents , associations and community ties (consider personal details of their life)
- Prior bail record
- Strength of the evidence
- Any other relevant matter
how many times can someone re apply for bail
2 times on same legal grounds within 28 days
