9.3: First appearance and bail Flashcards
What is the general presumption regarding bail?
There is a presumption in favour of granting bail, meaning that, generally, a defendant is entitled to bail unless there are specific reasons to refuse it.
Who can grant police bail before charges are made?
Police can grant bail before charges are made if it is necessary and proportionate to ensure the person’s attendance in court and prevent further offences.
What happens if a suspect is released under investigation?
If released under investigation, there are no fixed dates or conditions for the suspect to return to the police station. They are not subject to bail conditions.
How long is the initial police bail period before charges are filed?
The initial bail period is up to 3 months, and it can be extended twice for a total of 9 months.
What is the offence called when a defendant fails to attend court as required?
The offence is called “absconding.”
How many times can a defendant apply for bail after being remanded in custody?
Additional requests for bail must relate to a change in circumstances.
How can a defendant appeal a refusal of bail?
A defendant can appeal a refusal of bail by applying to the Crown Court. The appeal must be made in writing, and the Crown Court will rehear the bail decision.
How soon must an appeal against bail refusal be heard?
An appeal against bail refusal must be heard within 48 hours of the initial refusal.
What happens if a defendant fails to surrender to custody on bail?
The defendant is considered to have “absconded,” which is a criminal offence and can result in a bench warrant for arrest.
Can bail be granted for murder?
No. When the defendant has been charged with murder bail cannot be granted
What happens when a bail application is considered in the Crown Court following two refusals at the Magistrates Court?
The defendant’s application will involve hearing the decision afresh.
What is the general presumption with bail and a summary only offence?
The general presumption is that they will be granted bail.
When will bail not be granted for a summary only imprisonable offence?
There must be a previous breach either of bail requirements or an offence on bail before substantial grounds will justify the refusal of bail.
Can a defendant who has not been charged for a non-imprisonable offence be refused bail?
A defendant cannot be refused bail when they have not been convicted.
]A conviction is necessary before bail can be denied for a non-imprisonable offence and even then, only when there are bail failures and substantial grounds for believing they will happen again.
Bail is determined how
at the discretion of the court
