Bail

Question 2

What happens if the court cannot conclude a case in one hearing?

Answer 2

The case will have to be adjourned.

Question 3

What does it mean when a defendant is remanded?

Answer 3

A defendant is sent away and told to come back another day.

Question 4

What is the obligation of a defendant on remand?

Answer 4

To come back to court to continue with the case.

Question 5

How can a remand be served?

Answer 5

Either in custody or in the community on bail.

Question 6

Who applies to have a defendant remanded into custody?

Answer 6

The prosecution.

Question 7

What must the prosecution present to remand a defendant into custody?

Answer 7

Objections to bail.

Question 8

Who applies for bail after a prosecution objection has been raised?

Answer 8

The defence.

Question 9

Where do all cases commence in relation to bail decisions?

Answer 9

In the magistrates’ court.

Question 10

Which court can grant bail in murder cases?

Answer 10

Only a Crown Court Judge.

Question 11

What is a condition of bail?

Answer 11

Bail can be conditional.

Question 12

When does the presumption of entitlement to bail apply?

Answer 12

When an objection is not properly made out.

Question 13

Does the right to bail apply after conviction?

Answer 13

Yes, but concerns about absconding may be more serious.

Question 14

Who does the right to bail not apply to?

Answer 14

• Those appealing their conviction or sentence
• Defendants being committed for sentence from the Magistrates’ Court to the Crown Court
• Homicide or rape cases with a previous conviction
• Murder cases unless there is ‘no significant risk’ of committing an offence.

Question 15

What is the test for objection in indictable offences?

Answer 15

Whether there are substantial grounds for believing the defendant would fail to attend, commit further offences, or interfere with witnesses/ obstruct justice.

Question 16

What qualifies as substantial grounds for objection?

Answer 16

Fears of behaviour happening must have substance and merit.

Question 17

Under what circumstances should bail not be removed for indictable offences?

Answer 17

If there are ‘no real prospects’ of receiving a custodial sentence.

Question 18

What triggers grounds for objection in summary offences?

Answer 18

A breach of a condition of bail or a past conviction for ‘fail to surrender’.

Question 19

List other common grounds for objecting to bail.

Answer 19

• Remand in custody for the defendant’s protection
• Insufficient information to deal with bail
• Defendant already serving a sentence in custody.

Question 20

What are less common grounds for objection?

Answer 20

• Serious cases with high penalties
• Cases affecting the assessment of risk posed by the defendant.

Question 21

What happens if a defendant was on bail at the time of the alleged offence?

Answer 21

The court ‘need not’ grant bail for indictable offences or if there are substantial grounds for further offences.

Question 22

What must be considered when objecting to bail?

Answer 22

Factors such as the nature and seriousness of the offence, character of the defendant, bail record, strength of evidence, and risk of harm.

Question 23

What does ‘antecedents’ refer to in the context of bail factors?

Answer 23

Previous convictions.

Question 24

How does the defendant’s character influence the bail decision?

Answer 24

Personal circumstances like drug addictions can affect the likelihood of absconding.

Question 25

What aspect of the defendant’s circumstances might reduce the likelihood of absconding?

Answer 25

Being married with children or having a job.

Question 26

What does a defendant’s bail record indicate?

Answer 26

Whether they have a history of absconding or committing offences on bail.

Question 27

How does the strength of evidence affect the bail decision?

Answer 27

A defendant who anticipates acquittal is less likely to abscond.

Question 28

What risk factor must the court consider regarding bail?

Answer 28

Risk of harm to any person.