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Things to remember > BAIL > Flashcards

BAIL Flashcards

1
Q

What are the types of bail available to a suspect?

A
  1. Bail Pending Investigation
  2. Bail Pending Trial
  3. Bail Pending Appeal
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2
Q

What section of the constitution provides for the grant of bail?

A

SECTION 35 OF CFRN

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3
Q

Can a Lawyer stand as Surety for his client?

A

RULE 37(1)b of the RPC- NO!

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4
Q

What is the mode of applying for Police Bail?

A
  1. Orally
  2. In writing
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5
Q

What is Remand Proceedings?

A

GENERAL RULE- Magistrate court cannot grant bail or entertain capital offence.
EXCEPTION-It is simply a formal application whereby a suspect is brought before a magistrate for remand or bail(for capital offenses)
Such suspect must establish specific circumstances before the bail will be granted.

LUFADEJU V JOHNSON

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6
Q

What is Holding Charge?

A
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7
Q

Difference between Remand and Holding charge?

A
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8
Q

What is the maximum period a magistrate can remand a suspect under ACJL?

A

30 days at first instance, subject to another 30 days(where good cause is shown)=60 days

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9
Q

What is the maximum period a magistrate can remand a suspect under ACJA?

A

14 days at first instance, renewable for another 14+14 days=42 days

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10
Q

What is the maximum period a magistrate can remand a suspect under ACJL Kano?

A

21 at first instance, 14+14=49 days

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11
Q

By what application is remand proceedings brought under ACJA?

A

Motion Ex Parte

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12
Q

By what application is remand proceedings brought under ACJL?

A

Request Form in FORM K

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13
Q

By what application is remand proceedings brought under ACJL?

A

Request Form in Form K

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14
Q

What are the Conditions that the court will consider before remand order can be granted?

A

1.Nature, and seriousness of the offence
2. Reasonable grounds that the person is involved in commission of the offence
3. Reasonable grounds that the person may abscond or commit further serious offence
4. Any other circumstances of the case that justifies the request for remand

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15
Q

What are the OPTIONS AVAILABLE TO THE SUSPECT UPON REFUSAL OF POLICE BAIL?

A
  1. He can apply to the FHC or SHC within the state where he is detained under FREP rules
    . Mode of application is either through OM, OS, WS or Petition
  2. Shall apply to the HC by way of Habeas Corpus
    .Mode of application is ex parte together with an affidavit
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16
Q

What is Bail Pending Trial?

A

It is granted only by the court after proceedings have commenced and can only be made after suspects have been arraigned in court.

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17
Q

Can a magistrate grant bail for capital offenses?

A

No! Apply to the High Court
Exception-Remand Orders

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18
Q

What are the Special Circumstances a suspect must show to be granted bail for capital offenses?

A
  1. Ill health
  2. Extra Ordinary Delay
  3. Any other circumstances
    SECTION 161 ACJA
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19
Q

What are the factors that the court will consider to grant bail for felony offenses?

A
  1. Availability of the accused person to stand trial
  2. Prevalence of the offence
  3. Likelihood of the commission of another offence while on bail
  4. Nature of the offence and punishment
  5. Evidence against the accused-ABACHA V STATE
  6. Criminal records of the accused-AJUDUA V FRN
  7. Interference with police investigation
    SECTION 162 ACJA
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20
Q

What must the Affidavit in support of a bail application on grounds of ill health state?

A
  1. That the disease is contagious
  2. That the prison facilitates are not adequate to take care of the applicant
  3. A medical report issued by an expert of a Government hospital.
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21
Q

What is the method of applying for bail in the HC?

A
  1. In writing
    But with the leave of court, you can move an oral application
    ABIOLA V FRN
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22
Q

Procedure for bail application in the South, High court or NIC?

A

By summons supported with an AFFIDAVIT AND WRITTEN ADDRESS

23
Q

Procedure for bail application in Lagos?

A

Discretion is given to the court to adopt any procedure that will bring substantive justice.
However it is usually by SUMMONS+A+WA

24
Q

Procedure for Bail Application in the North?

A

Section 35 of HC of Northern Nigerian prohibits recourse to English laws

-MON+A+WA

25
Q

What happens where a magistrate judge refuses to grant bail?

A

A FRESH APPLICATION SHOULD BE MADE TO THE HIGH COURT

26
Q

Where a lawyer is representing multiple defendants, can he bring one application and the same affidavit?

A

He can bring one application but different affidavits and Written Addresses must be deposed to by the defendants

27
Q

What happens where the HIGH COURT refuses to grant a bail application?

A

Appeal to the COURT OF APPEAL(not a fresh application)
Because the CA lacks original jurisdiction in criminal cases

28
Q

What is the effect of not complying with the procedures laid down for bail application?

A

The court will not punish a person for not strictly complying with procedural rules.

29
Q

What is Bail Pending Appeal?

A

Here, the convicted person is appealing to the court to grant him bail pending his appeal. Thus, burden is on the applicant to show reasons why bail should be granted

30
Q

What constitutes special circumstances in Bail Pending Appeal?

A
  1. Complex nature of the case-where the applicant is needed for the successful determination of the appeal
    2.The health condition of the convict
  2. First time Offender
  3. Conduct of the convicted person during trial
  4. Where he has served his sentence already before his appeal can be heard
  5. Where the applicant has been granted bail before during the course of the trial and he did not jump bail
    BUWAI V STATE
    JENNIFER V STATE
31
Q

Procedure for Bail Pending Appeal?

A

MON+A+WA
It is Motion on Notice because the defendant needs to show cause why he should be granted bail

32
Q

What are the DOCUMENTS TO BE ATTACHED IN AFFIDAVIT for bail pending appeal?

A
  1. Charge sheet
  2. Certified true copy of the court judgement.
  3. Proposed notice of appeal
33
Q

DISTINGUISH BETWEEN TERMS AND FACTORS OF BAIL?

A

TERMS OF BAIL-Here the bail has already been granted but he has not been released from custody.
FACTORS FOR BAIL- Conditions for Bail. These are the criteria the court considers when deciding whether to grant bail and under what conditions

34
Q

What are examples of TERMS OF BAIL?

A
  1. Self Recognizance
  2. Bail on the execution of bond
  3. Production of a surety
  4. Deposit in Lieu of Bond
35
Q

What is Bail on Self Recognizance?

A

Bail may be granted on this term when the person applying for bail appears to be a person of repute and the court reasonably believes that such person will appear to face his trial or jump bail.

36
Q

What is Bail on the Execution of a Bond?

A

A court may require a defendant to execute a bond for a fixed amount before releasing them on bail. This bond is a commitment by the defendant to appear for trial. The bond amount is not paid immediately; instead, it is only required if the defendant fails to appear in court.

37
Q

What are the criteria for suitability as a surety?

A
  1. Person of known place of abode.
  2. Person of good character.
  3. Person must be acceptable to the court.
  4. Person of reasonable means of income
38
Q

Are women eligible to stand as sureties?

A

YES! as provided in SECTION 42 CFRN-Right Against Discrimination.

39
Q

What is the implication of an accused person jumping bail?

A

A WARRANT OF ARREST MAY BE ISSUED BY A JUDGE and surety may forfeit his bond upon the accused absconding .

40
Q

What are the circumstances in which bail can be revoked?

A
  1. Upon arraignment of the suspect at the court-Police Bail
  2. Upon Conviction-Bail pending trial
  3. Upon determination of appeal
  4. Where the defendant jumps bail
  5. Where the surety applies for a discharge
  6. Commission of another crime
41
Q

Can a Magistrate grant bail to prisoners?

A

YES! The Chief Magistrate can grant bail to persons in custody of the Police which the police have refused to prosecute.

42
Q

Can a CHIEF JUDGE grant bail to prisoners?

A

The Chief Judge can grant bail to persons detained in Correctional Facilities.
1. Those awaiting trial
2. Those whose trial are ongoing but have stayed in the prison for more than the time of imprisonment prescribed for the offence

43
Q

can bail be made orally at the high court?

A

• However, in the High Court being a court of record, bail application is usually in writing.
• However, with the leave of the court, you can move an oral application.
Abiola v. FRN

44
Q

why should an expert witness establish his qualifications)

A

• The reason for this is because, generally, the opinion of witnesses are inadmissible, but the opinion of expert witnesses are exceptions, thus, for the court to hear his opinion, it is
incumbent on him to establish his qualification as an expert before the court
SEC 68 EA

45
Q

why is open leading question allowable in examination in chief?

A

• It is preferable because it enables the witness to tell his story without interruption.

46
Q

implications of a defendant resting his case on the prosecution?

A
  1. Accused is assumed to have accepted the evidence as truly and exactly stated by the prosecution
  2. An accused person who rests his case on that of the prosecution cannot be allowed to adduce evidence at the trial.
  3. Where judgement is given against the defendant, he can only appeal against the judgement as it is a final judgement.
    SULEIMAN V STATE
47
Q

where the court lacks jurisdiction, can they impose any sentence?

A

NO! nullity!

48
Q

can an attorney general of the federal prosecute state offences?

A

NO! he is restrictive to offences created by the National Assembly
He may only prosecute with the fiat of the AG state.

49
Q

can a woman be a surety?

A

The position of the law is that any person of full age and capacity can stand as surety for bail of a suspect. Refusing the suspects bail on the ground that the surety is a woman amounts to disorimination and a breach of section 42 of the CFRN

50
Q

rule guiding plea of guilty?

A

• Such a plea of guilty shall be recorded by the court as nearly as possible in the words used by the defendant.
• If the court is satisfied that by the plea, the defendant intends to admit the truth of the essentials of the offence, it may proceed to convict him on the plea.

51
Q

DISTINGUISH BETWEEN TERMS AND FACTORS OF BAIL?

A

Terms are bail are requirements that the court may require a defendant to fulfill after the grant of bail but before his temporary release.
The terms are imposed in other to secure the attendance of the accused in court for his trial.
FACTORS OF BAIL are the things the court will consider in deciding whether to grant bail to the applicant or not.

52
Q

mode of tendering expert evidence?

A
  1. You told this court you carried out an examination on the ………..
  2. If you see this report, can you recognize it?
  3. How can you recognize it?
  4. Take a look at this document, is this the report you are referring to?
  5. My lord, we seek to tender this document in evidence.
53
Q

procedure for refreshing your memory?

A

• For a witness to refresh his memory, counsel must first seek, and obtain the leave of the court.
SEC 239 EA

54
Q

can oral evidence be used to prove the contents of a document?

A

No!

once a document is admitted any oral evidence in prove of is content shall not be admissible. The document speaks for itself
section 128 Evidence Act

Things to remember (10 decks)

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