Bail

Question 1

What is the general default position for bail

Answer 1

1) under S4 of the bail act gives people the right to bail

Question 2

What are the most common reasons for someone to not be granted bail?

Answer 2

1) para 2 part 1 schedule 1- the court must be satisfied that they wont:
1) fail to surrender
2)commit an offence on bail
3) Interfere with witnesses
4) obstruct the course of justice

Question 3

What are some of the things the court will look at in whether the defendant will get bail or not

Answer 3

1)fail to surrender- look at paragraph 9 factors, eg look at the nature and seriousness of the offence, and look at the community ties and associations, their record in the past when under bail, as well as look at the strength of the evidence and the character of the defendant

Question 4

What are the conditions that can be put on bail

Answer 4

no limit- however, the court must consider if relevant, proportionate and enforceable.

Some examples, have to stay at residency, curfew, have to stay away from certain places

Question 5

Who applies for bail and when?

Answer 5

Once a prosecution objection to bail has been raised, it is then for the defence to apply for bail. All cases commence in the magistrates court

Question 6

if remanded in custody, how long must it be before they can apply again for bail

Answer 6

8 days