bail Flashcards
what is bail?
order to appear before the court . defendant released subject to duty to surrender to the court at an appointed time and place.
granted where there is a gap in court proceedings. Can also be granted by custody officers after arrest or charge + with an order to appear before MC for first hearing
what is the starting point when considering whether bail will be granted?
1) always presumption bail
-except when D is convicted of an offence in the CC and the court has to adjourn for a separate sentence hearing. No presumption in favour of bail.
when do they bail exceptions apply?
there needs to be a real prospect of custodial sentence. you then need to also prove one of the scenarios/exceptions
what are the ‘substantial grounds’ if def released on bail , which can deny defendant bail
Fail to surrender to custody
Commit an offence whilst on bail
Interfere with witnesses
Obstruct course of justice
court must consider a range of factors eg how serious offence is, D’s character, D’s associations, previous bail record, previous convictions, risk of domestic violence.
when can committing an offence whilst on bail rebut the presumption of bail?
if offence is indictable or triable either way and it appears to the court that D committed offence whilst on bail for another offence?
