Bail

Question 1

What is the starting point / presumption for bail?

Answer 1

Generally there is a presumption in favour of bail (for most defendants, unless convicted of a really serious crime in crown court?)

Question 2

Legal test and grounds for prosecution objecting bail?

Answer 2

Bail should be refused because there are SUBSTANTIAL GROUNDS to believe that the defendant will: (either)
- Fail to surrender to custody
- commit further offences whilst on bail
- interfere with a witness in the case or otherwise obstruct the course of justice

Question 3

Which defendants does the presumption in favour of bail not apply to?

Answer 3

• have been committed to the crown court for sentence
• who are appealing against conviction or sentence
• who has been charged or previously convicted of a specified offence (most serious offence)

Question 4

To decide whether the ground for bail is satisfied the court has to take into account which factors as they apply to the defendant?

Answer 4

1) the nature and seriousness of the offence and the probably sentence D would receive [use sentencing guidelines for this Harm > culpability > likely sentence/ range > aggregating and mitigating factors + apply everything to facts]
2) Character, antecedents, associations and community ties
3) Ds record in respect of previous grants of bail in criminal proceedings
4) Strength of the evidence against D