Bail

Question 1

There is a (x) in favour of Bail persuant to (x)?

Answer 1

** Rebuttable presumption** in favour of Bail ** (S4 Bail Act 1976) **

Question 2

What are the 3 stautory exemptions to Bail and to what standard?

Answer 2

SUBSTANTIAL GROUNDS for believing D will:
(1) Fail to SURRENDER TO CUSTODY
(2) COMMIT AN OFFENCE while on Bail
(3) INTERFERE with WITNESSES or otherwise obstruct the course of Justice

Question 3

What are the 5 grounds to oppose P’s ‘substantial grounds’ in Bail?

Answer 3

(1) NATURE & SERIOUSNESS OF OFFENCE (i.e likelihood custodial sentence
**(2) STRENGTH OF EVIDENCE
(3) BAIL RECORD
**(4) CHARACTER (i.e. previous convictions)
(5) ASSOCIATIONS & COMMUNITY TIES