Bail Flashcards
1
Q
Bail
What is the time limit for Bail Applications to be heard?
A
Within 48hrs of Arrest (excluding weekends, Easter Friday, Xmas and BHs)
2
Q
Bail
Situations where Presumption of bail doesn’t apply
3 points…
A
- D pleads or found guilty
- D charged with Murder/Attemp Murder/Manslaughter/Rape or Attempt rape
- Drug user over 18 with drugs in their system & they refuse test
3
Q
Bail
3 main statutory exceptions to bail (for indictable offences as per Part1 Sch1 Bail Act 1976)
A
- Failure to surrender to custody
- Commit an offence whilst on bail
- Interfere with witnesses or obstruct course of justice
There’s other non-statutory reasons
4
Q
Bail
Is it an offence to fail to surrender to bail?
Is it an offence to breach bail conditions?
A
- Yes, warrant can be issued and D can be fined/imprisoned for failure to surrender.
- No, breach of conditions is not an offence
D can have reasonable excuse but court must be satisfied
5
Q
Bail
Procedure at Bail Application
3 points…
A
- Prosecution tells court why it should not be granted and set-out which exceptions apply and back-up as per para 9 Sch1 part1 BA 1976 (statutory reasons)
- Defence outlines why it should be granted.
- Magistrates retire to consider & take structured approach:
a) Grounds not made out- unconditional bail granted
b) If 1 or more grounds are made out but suitable conditions address the risk, Conditional Bail granted.
c) If 1 or more grounds are made out but no conditons address the risk, Bail refused.
d) Magistrates return and announce verdict.
If bail refused, a “Full Argument Certificate” is issued.
6
Q
Bail
How many hours notice does D have to appeal Bail Refusal?
A
24hrs notice to apply to CC judge
