Bail Flashcards
What happens if the court cannot conclude the case in one hearing?
The case will have to be adjourned.
What does it mean for a defendant to be on remand?
A defendant on remand is obliged to come back to court to continue with the case.
How can a remand be served?
A remand may either be served in custody or served in the community on bail.
Who applies to have the defendant remanded into custody?
It is for the prosecution to apply to have the defendant remanded into custody.
What must the prosecution present to have a defendant remanded into custody?
Objections to bail - there is a presumption in favour of bail (s4 Bail Act) that must be rebutted
What happens once a prosecution objection to bail has been raised?
It is then for the defence to apply for bail.
Which court usually considers bail?
Magistrates’ Court
Who can grant bail in murder cases?
Only a Crown Court Judge can grant bail.
Can the defence and prosecution appeal decisions on bail?
Yes, both can appeal decisions on bail from the magistrates.
Can bail be conditional?
Yes, bail can be conditional.
What does the court presume about a defendant’s entitlement to bail?
The court presumes that a defendant is entitled to bail.
Does the right to bail apply when the case is adjourned to assist in sentencing?
Yes.
When does the right to bail not apply?
- 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’ that D would commit an offence
Bail can still be granted, but the right to bail no longer applies
If the CC decides to grant bail for a murder case, when must it do so?
The Crown Court must grant bail within 48 hours beginning the day after the defendant appears or is brought before the Magistrates’ Court.
What are the three main grounds for bail?
If released on bail, there are substantial grounds to believe that D would either:
- fail to attend a subsequent hearing
- commit further offences on bail
- interfere with witnesses, or otherwise obstruct the course of justice
What is required for substantial grounds to be shown?
It is only necessary to show that the fears of the behaviour happening have substance and merit - factual enquiry only
When must bail be granted for a defendant charged with an offence?
If there are ‘no real prospects’ of the defendant receiving a custodial sentence.
When can the 3 main grounds for refusing bail be used in relation to a summary offence?
- If a D has breached a condition of their bail in these proceedings
- or if a D has a previous FTS conviction
Therefore, there must be a trigger event before the 3 main grounds can be used as objections to bail in summary only offences
What are the need not grounds for objection to bail?
D need not be granted bail if:
* A remand in custody is for the defendant’s own protection
* Insufficient information to deal with the issue of bail, so remands into custody for the production of sufficient evidence
* The defendant is already serving a sentence in custody
Which of the 3 need not grounds is not available if D is charged with a non-imprisonable offence
The court has insufficient evidence and keeps D in custody to procure that evidence
When are the 3 need not grounds available to the prosecution?
- indictable
- imprisonable
- summary
What are less common grounds for objection to bail?
- Serious cases with high penalties
- Cases affecting the assessment of the risk posed by a defendant on bail
e.g if D is charged with an offence that suggests they would cause injury to an associated person - need not be granted bail.
What happens if the defendant was on bail at the time of the alleged offence?
On bail + indictable offence
- court need not grant bail
On bail + summary imprisonable offence
- court need not grant bail if there are substantial grounds for believing that D will commit further offences
If D absconds while on bail for an indictable offence, what happens?
Bail need not be granted again unless there are no realistic prospects of receiving a custodial sentence.
When are the bail factors a mandatory consideration?
When bail is being refused on one of the three main grounds
What are the factors to be considered?
- The nature and seriousness of the offence and the likely sentence
- Character of D, previous convictions, their associations and community ties
- D’s past record of bail
- Strength of the evidence
- Risk of harm to any person
What personal circumstances might affect a defendant’s character?
Character might include personal circumstances such as drug addictions.
What are associations in the context of a defendant’s character?
Associations might include friends with criminal records.
How does a defendant’s personal situation affect the likelihood of absconding?
How easy it could be for the defendant to abscond and how much D has to lose by absconding.
If D is married with children or in a job, D might be less likely to ‘disappear’ compared to someone of ‘no fixed abode’.
What does the court consider regarding a defendant’s past bail record?
The court will also look at whether D has a tendency to commit offences on bail.
