Bail

Question 0

What Act covers Bail?

Answer 0

The Bail Act 1976 (Amended by the Bail Amendment Act 1993)

Question 1

What does bail mean?

Answer 1

“At Liberty until day of trial”

Question 2

What does “Remanded in Custody” mean?

Answer 2

That the defendant will stay in prison until the day of their trial

Question 3

What does “Unconditional Bail” mean?

Answer 3

That a defendant is free until the day of a trial

Question 5

What does section 4 of Bail cover?

Answer 5

It assumes a general right to Bail

Question 6

What is the court procedure for deciding bail?

Answer 6

The procedure is that magistrates decide upon whether to grant bail after hearing Prosecution and Defence arguments

Question 7

What does the court take into account when deciding Bail?

Answer 7

\+ Defendant's bail record 
\+ Antecedents (previous convictions)
\+ Nature and seriousness of offence
\+ Character, associations and community ties of the defendant
\+ Strength of evidence against them

Question 8

What are the substantial grounds for refusing Bail?

Answer 8

+ If it’s likely for the defendant to abscond
+ if it’s likely for the defendant to reoffend
+ If it’s likely for the defendant to interfere with witnesses
+ if there’s insufficient information to make a decision
+ if it’s dangerous for the defendant to be given bail

Question 9

When must the court justify their decision to grant bail to a defendant?

Answer 9

When they’ve given bail to someone accused of manslaughter, rape, attempted murder, or attempted rape (because the risk to the public is great).

Question 10

What happens when someone is charged with a very serious offence more than once and they apply for bail?

Answer 10

They will be refused bail except in exceptional circumstances

Question 11

What does “Conditional Bail” mean?

Answer 11

It means that a defendant is free until their trial but they must obey certain rules

Question 12

What happens when someone applies for bail for an offence not punishable by imprisonment?

Answer 12

Bail must be given unless the Defendant previously failed to surrender to Bail and there are grounds to believe they will not surrender this time

Question 13

What happens if a defendant has an offence brought against them whilst on Bail?

Answer 13

They aren’t granted Bail (unless there’s no significant risk of reoffending)

Question 14

What does section 3 of the Bail Act state?

Answer 14

The court may impose conditions as a term of allowing bail

Question 15

What does “provision of assurety” mean?

Answer 15

That someone other than the defendant will pay money if the defendant doesn’t appear in court

Question 16

What happens if a defendant tests positive for class A drugs?

Answer 16

They will have restrictions placed on their bail (they may also be refused bail)

Question 17

What does “surrender of license” mean?

Answer 17

That a defendant will be allowed Bail on the condition that they have their driving license and/or passports will be confiscated to reduce the risk of absconding

Question 18

What does a “court-mandated curfew” mean?

Answer 18

That a defendant has to be at home between specific times to reduce their risk of committing crimes

Question 19

What does “reprimand in Bail Hostel” mean?

Answer 19

That a defendant has to live at a bail hostel until their trial if it wouldn’t be safe for them to live at home

Question 20

What does “reporting to the police” conditional bail mean?

Answer 20

The defendant is required to sign in at a police station regularly so the police can ensure they haven’t absconded (i.e. every day at 2pm)

Question 21

What does Section 6 of the Bail Act state?

Answer 21

That as soon as a defendant doesn’t arrive for a trial they are in “Breach of Absconding” and can have a warrant issued for their arrest