Advocacy – bail application Flashcards
What is the first point to make in a bail application?
Remind the court of the defendant’sright to bail—bail can ONLY be refused if one of the exceptions apply AND there is areal prospect of a custodial sentence.
What should you consider next regarding exceptions?
Consider whether any of the following exceptions apply:
1) Substantial grounds to believe the defendant would fail to surrender, commit further offences, or obstruct justice
2) Indictable offence and the defendant was on bail at the time
3) For the defendant’s own protection
4) Belief that the defendant would commit an offence on bail against an associated person
5) Defendant already serving a custodial sentence
6) Insufficient information to make a decision
7) Defendant failed to surrender or breached bail conditions in the same proceedings.
What does “substantial grounds” refer to?
The court will consider factors such as thenature and seriousness of the offence, probable method of dealing with it, previous convictions, community ties, and the strength of the evidence.
What factors should you review to determine if substantial grounds exist?
Review factors such as thenature and seriousness of the offence, the defendant’scharacter, their record of complying with bail conditions, and thestrength of evidence.
What conditions can be proposed to mitigate issues?
Consider whether anyconditionscan be put forward, such as residence requirements, reporting to a police station, exclusion zones, non-contact orders, tagging, or curfews.
What should be your conclusion in the application?
Conclude onwhy bail should or should not be granted, based on the assessment of the exceptions and proposed conditions.
