9.3: First Appearances and Bail Flashcards
What is the purpose of ‘bail’?
Bail is part of a decision-making process that allows the criminal justice system to maintain legal (and therefore often physical) control over a suspect or defendant pending the outcome of their case.
Who can grant ‘bail’?
Bail can be granted by the police or by courts.
What does ‘remand on bail’ achieve?
Remand on bail releases the person but puts them under a legal obligation to return on a particular date at a particular time. If they fail to attend, this is a breach of the ‘primary condition’ of bail and constitutes a distinct offence of ‘absconding’.
What does ‘remand in custody’ achieve?
Remand in custody keeps the person in custody to ensure that they will return on that date
Why are conditions granted for bail?
1) Ensure the surrender of the person at the appointed date
2) prevent further offences
3) prevent interference with witnesses or the obstruction for the administration of justice
4) for the person’s own protection
What are the 3 situations in which police bail can be granted?
a) Street bail - bail should only be imposed if ‘necessary and proportionate in all the circumstances’ and is authorised by an officer of the rank of inspector;
b) Bail at the police station - without charge;
c) Bail at the police station - following charge;
What are the rules behind ‘street bail’?
Person should be given a notice of the offence, grounds for arrest, which station to surrender at and any conditions of bail. Street bail can last no more than 28 days from the day after arrest.
What is the presumption in favour of bail?
Defendants charged and due to appear before court have a prima facie right to unconditional bail. There are certain exceptions to this rule and the right to bail ceases if the person is convicted.
What happens to the presumption in favour of bail once a person is convicted?
Bail is entirely discretionary once 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.
What are the exceptions to the presumption in favour of bail?
The right to bail does not apply when…
- D has been convicted of an offence and is appealing their conviction or sentence or has been sent to the Crown Court for sentencing;
- Substantial grounds for believing that if released on bail D would a) fail to surrender to custody, b) commit an offence or c) interfere with witnesses or the course of justice; (N.B: this provision is most relied upon to withhold bail)
- D was already on bail when they committed this offence;
- D should be kept in custody for their own protection;
- D is already serving a custodial sentence;
- Not practicable to obtain sufficient information to make a bail decision due to lack of time since the proceedings were commenced;
- D previously was released on bail and has either failed to surrender or otherwise breached their bail conditions.
Can bail be granted for serious offences?
In cases such as murder (or attempted murder), manslaughter, rape or other serious sexual offences, a person will only be granted bail if there are exceptional circumstances.
No power for the police to grant bail in these situations. The defendant would have to be produced before a Magistrates’ Court as soon as possible for bail to be granted.
What factors are taken into the court’s consideration of the “substantial grounds for belief” provision?
- The nature and seriousness of the offence including likely sentence;
- D’s character, community ties, previous convictions and associations;
- D’s bail record including any previous failures to answer bail;
- Strength of the prosecution evidence against D;
- Any other factors that appear relevant.
What is the ‘duty to surrender’ under the Bail Act?
Primary duty under the Bail Act is to surrender at the appointed date and time at the specified location. Failure to do so constitutes the offence of ‘absconding’
When will conditions be deemed necessary for granting bail?
Conditions will only be imposed by the court if it is ‘necessary’ to do so. The court would need to consider the conditions necessary to ensure that D:
1) Surrenders to custody
2) Does not commit offences while on bail
3) Does not interfere with witnesses or obstruct the course of justice
4) Is available for making enquiries or completing a report for sentencing purposes
5) Attends an interview with legal representatives
N.B: there must be a link between the condition imposed and the purpose to be achieved.
What are the examples of bail conditions?
1) Surety - ‘suitable person’ guarantees that D will attend court, if not that person will forfeit a sum of money to the court
2) Security - D deposits money into the court which they will forfeit if they fail to attend
3) Residence - D must live and sleep at a specified address
4) Bail Hostel - D may be required to live at a bail hostel which is likely to have its own set of house rules in place
5) Reporting - D may have to report to a specified police station at specified times, just to ensure they remain in the area
6) Exclusion - D may be excluded from certain places
Non-association - D may be banned from contacting certain people
7) Curfew - D may have to remain indoors at certain times (could be electronically monitored)
8) Appointments - D may be required to keep to certain appoints, e.g with solicitor or probation officer
9) Surrender passport - If court is concerned that D may flee the country, they can impose a condition that D surrender their passport
