Bail Flashcards
What is adjournment?
In any case where the defendant is presented to the court, and the court cannot conclude the case in one hearing, the case will have to be adjourned.
What is remand?
When a defendant is sent away and told to come back another day. A defendant on remand is obliged to come back to the court to continue the case.
The remand may be served in custody, or served in the community on bail.
Who must apply for the defendant to be remanded in custody?
It is for the prosecution to apply.
What does the prosecution need to do to have the defendant remanded?
They must present objections to bail.
When can the defence apply for bail?
Once the prosecution objection to bail has been raised.
What court will make the first decision in relation to bail?
The Magistrates court (except in murder cases, where only a Crown Court judge can grant bail).
Can parties appeal decision on bail from the magistrates court?
Yes, both the prosecution and defence can appeal decisions.
What does `right to bail’ mean?
The court presume that the defendant is entitled to bail, and it is only if an objection is properly made out that bail can be refused.
When does the `right to bail’ not apply?
(a) Those appealing their conviction or sentence;
(b) To defendants being committed for sentence from the Magistrates Court to the Crown Court.
Bail can be granted in both cases; it is simply that the presumption does not apply.
What are the “big three grounds” in relation to indictable offendes?
If the defendant is released on bail, there are substantial grounds for believing that the defendant would either:
- Fail to attend subsequent hearing;
- Commit further offences on bail; and/or
- Interfere with witnesses, or otherwise obstruct the course of justice.
What does `substantial grounds for believing mean’?
Enough for the judge to have a subjective perception of one or more of these three risks. Only necessary to show that the fears of the behaviour happening have substance and merit.
What does `no real prospects’ mean?
This is a final filter under one of the `big three’ objections.
Bail should not be removed if the defendant is charged with an offence where there are `no real prospects’ of the defendant receiving a custodial sentence. For example, stealing a banana is technically a indictable offence, however, unlikely to lead to a custodial sentence.
What is the general rule in relation to grounds for summary offences?
Grounds are only available if a defendant having been given bail, breaches a condition of that bail in these proceedings or has a conviction for `fail to surrender’ in their past.
What conditions must be satisfied to show the defendant need not be granted bail?
(a) A remand in custody would be for the defendant’s own protection;
(b) The court has insufficient information to deal with the issue of bail, and so remands in custody for the production of sufficient evidence; and/or
(c) The defendant is already serving a sentence in custody.
What are the `specialist grounds’?
a) Serious cases with high penalties;
b) Cases of a particular nature that affect the assessment of the risk posed by a defendant on bail (e.g. defendant who might commit offences and cause physical or mental injury to an `associated person’ such as domestic violence cases.
If the defendant has been charged with murder what is the more stringent test?
If D has a pre-con for (i) murder; (ii) attempted murder; (iii) rape; or (iv) a serious sexual offence, D may not be granted bail unless there are exceptional circumstances to justify it.
If D does not fall into the above, D may not be granted bail unless there is no significant risk of D causing an offence likely to cause physical or mental injury.
If the defendant has been charged with attempted murder what is the more stringent test?
If D has a pre-con for (i) murder; (ii) attempted murder; (iii) rape; or (iv) a serious sexual offence, D may not be granted bail unless there are exceptional circumstances to justify it.
If not, bail is assessed on the usual grounds.
If the defendant has been charged with an offence carrying life imprisonment what is the more stringent test?
If D was either (i) already on bail; and/or (ii) fails to attend having been on bail, D may not be granted bail unless there is no significant risk of further offences being committed or failure to attend.
How are cases dealt with where the defendant is charged with an offence that suggests D would cause injury (mental or physical) to a partner or family member?
D need not be granted bail for any imprisonable offence is the court believes there are: substantial grounds to believe that D would commit an offence on bail by engaging in conduct that would, or would be likely to cause physical or mental injury to an associated person.
This ground is available for non-imprisonable offences only if D is arrested for breach of bail.
How are cases dealt with abuse of drugs?
Where:
(i) the test shows D has a Class A drug in D’s body; and
(ii) the offence relates to a Class A or was caused/ motivate by D taking Class A drugs
Court may not grant bail unless there is no significant risk of D committing an offence on bail.
How does the court deal with cases where the defendant was on bail at the time of the alleged offence (indictable).
Court need not grant bail.
If D absconds whilst on bail for an indictable offence, then bail need not be granted again, unless it is prior to conviction and there are no realistic prospects of the defendant receiving a custodial sentence.
