Bail

Question 1

What legislation governs Court Bail?

Answer 1

Bail Act 1976

Question 2

(1) What is the GENERAL RULE on the right to Bail?
(2) What legislation is this shown in?

Answer 2

(1) REBUTTABLE PRESUMPTION in favour of Bail BEFORE CONVICTION
(2) S4(1) Bails Act 1976

Question 3

The GENERAL RULE is that there is a ‘rebuttable presumption’ in favour of Bail before conviction.

What are the 3 EXCEPTIONS to this where Bail will not be granted?

Answer 3

SUBSTANTIAL GROUNDS for believing D will:
(1) Fail to SURRENDER
(2) Commit an OFFENCE (while on bail)
(3) Interfere with WITNESSES / Obstruct COURSE OF JUSTICE

Question 4

Bail will not be granted if there are ‘Substantial Grounds for believing D will:
(1) Fail to surrender to custody
(2) Commit an offence (while on bail)
(3) Interfere with witnesses or obstruct the course of justice

What 5 factors will be used to assess this?

Answer 4

(1) Nature and seriousness (of offence)
(2) D’s Character (i.e . prior convictions)
(3) D’s Associates and Community Ties
(4) D’s Bail Record
(5) Strength of Evidence

Question 5

There is NO RIGHT to Bail (i.e. EXCLUDED) for
(1) Charged with OR
(2) Previous conviction for
which 3 types of Offences?

Answer 5

(1) Murder (+ attempted)
(2) Manslaughter
(3) Rape

Question 6

There is NO RIGHT to Bail for (a) Murder (+ attempted), (b) Manslaughter and (c) Rape.

When will Bail be granted for:
(a) Manslaughter and Rape (1 condition)
(b) Murder (2 conditions)

Answer 6

(a) ‘Exceptional Circumstances’
(b)
(i) ‘Exceptional Circumstances’ +
(ii) ‘No significant risk’ causing physical / mental harm to another person

Question 7

What is the only Court that can grant bail for Murder?

Answer 7

Crown Court

Question 8

If there are are ‘Substantial Grounds for believing D will:
(1) Fail to surrender to custody
(2) Commit an offence (while on bail)
(3) Interfere with witnesses or obstruct the course of justice

What should next be considered?

Answer 8

Can the grounds be REMOVED by imposing CONDITIONS?

Question 9

To address the ground of ‘Fail to surrender to custody’ what 7 Conditions can be imposed on the D?

Answer 9

(1) Reside at Fixed Address
(2) Reside at Bail Hostel
(3) Report to Police Station
(4) Security
(5) Surety
(6) Tagging / Electronic Monitoring
(7) Passport

Question 10

To address the ground of ‘Commit an offence (while on bail)’ what 5 Conditions can be imposed on the D?

Answer 10

(1) Curfew
(2) Restriction (entering area)
(3) Reside at Fixed Address
(4) Reside at Bail Hostel
(5) Tagging / Electronic Monitoring

Question 11

To address the ground of ‘Interfering with witness / obstruct course of justice ‘ what 3 Conditions can be imposed on the D?

Answer 11

(1) Restriction (communicating with witness)
(2) Restriction (entering area)
(3) Tagging / Electronic Monitoring

Question 12

In imposing the bail condition of ‘Residence’, what is the best option suggested for a D with:
(1) Fixed address
(2) No Fixed address

Answer 12

(1) Reside at FIXED ADDRESS (e.g. house)
(2) Reside at BAIL HOSTEL

Question 13

(1) What is the Offence for breaching Bail (NOT breach of bail condition) and is this a CRIMINAL offence?
(2) What are the 2 ways this can be committed?

Answer 13

(1) Absconding (Criminal offence)
(2)
(a) FAILURE to SURRENDER to Court WIHOUT ‘REASONABLE EXCUSE’ (i.e. turn up for trial day)
(b) Having ‘REASONABLE EXCUSE’ but then subsequently FAILING TO SURRENDER

Question 14

If a D is convicted of ‘ABSCONDING’ from Bail:
(1) What MUST the court do?
(2) What are the 2 things MAY the court do after this?

Answer 14

(1) MUST Reconsider Bail
(2) MAY:
(a) Impose / Strengthen Bail conditions
(b) Remand D in Custody

Question 15

(1) If a D breaches a BAIL CONDITION is this a Criminal Offence?
(2) What MUST the court do?
(3) What are the 2 things MAY the court do after this?

Answer 15

(1) NO (NOT Criminal Offence)
(2) MUST Reconsider Bail
(3) MAY
(a) Impose / Strengthen Bail conditions
(b) Remand D in Custody

Question 16

Which Parties can APPEAL Bail and are there any conditions attached to this?

Answer 16

(1) Defendant
(2) Prosecution (BUT ONLY if Offence IMPRISONABLE)

Question 17

Which Court will the DEFENDANT appeal Bail to?

Answer 17

Crown Court

Question 18

Re a DEFENDANT wishing to appeal Bail:
(1) Which court should it be appealed to?
(2) What format must this take?
(3) Who should it be served on?

Answer 18

(1) Crown Court
(2) Writing
(3) Served on (a) MC (b) CC (c) Prosecution

Question 19

After a Defendant has applied to APPEAL re Bail at the Crown Court:
(1) What type of hearing will this be?
(2) Who will hear the Appeal?
(2) When will this GENERALLY be heard?

Answer 19

(1) Full bail rehearing - representations P and D
(2) Crown Court Judge
(3) Within 48 hours