Bail

Question 1

Who does the presumption in favour of bail not apply to

Answer 1

D committed to CC for sentencing
D appealing against conviction or sentence
D charged with a specified offence
D was previously convicted of a specified offence

Question 2

When will MC not have the power to remand D in custody before the case is dealt with?

Answer 2

D is 18+ and hasn’t been convicted of an offence, nor a real prospect of being sentence to custodial sentence in proceedings

Question 3

Common grounds for refusing bail

Answer 3

Substantial grounds that D will if released on bail:
- Fail to surrender to custody
- Commit an offence whilst on bail
- Interfere with a witness.

Question 4

Further applications for bail

Answer 4

At 1st hearing after the hearing in which bail was refused, D’s solicitor is allowed to make a full application for bail using any argument even if they used the same in their initial unsuccessful application.

At subsequent hearings, the court won’t hear arguments as to fact/law which it has heard prior.

Question 5

D failing to surrender (absconding)

Answer 5

MC issues warrant for their arrest. If not backed with bail, the police must arrest the D and keep them in police custody until they can be brought before court.

Question 6

Consequences of absconding

Answer 6

If D doesn’t have a reasonable excuse, the court will either immediately sentence him or adjourn the sentence until the conclusion of substantive proceedings.

Question 7

Breaching bail

Answer 7

Police officers can arrest D, who will then be detained and brought before MC within 24 hours.