Bail Flashcards
What does it mean to be ‘on remand’?
to have been charged with an offence
What are the three categories of ‘on remand’?
remand in custody
remand on conditional bail
remand on unconditional bail
What is unconditional bail?
release from custody subject only to an obligation to return
Which type of bail is most commonly assigned?
unconditional bail
what is ‘pre-charge bail’ also known as?
police bail
describe police bail
granted by a custody officer following arrest’ custody time clock is paused
what is post-charge bail also known as?
bail to court
describe post charge bail
granted by custody officer’ may be subject to conditions
describe court bail
granted by a court, may be subject to conditions
when does bail arise again?
after conviction but before sentencing
what different rule does bail after condition have?
the presumption in favour of bail is lost because you are no longer considered an innocent person.
What does s4of the Bail Act say?
There is a prima facie presumption in favour of bail
How long can a person be remanded on bail?
There is no limit but it is subject to the requirement that a trial occurs in a reasonable time
How long can a person be remanded in custody for initially by magistrates?
initially for magistrates its 8 days
What legislation dictates how long a person can be remanded in custody for?
s128(A) MCA 1980
How long can a person be remanded in custody for with representation and their consent?
3 consecutive hearings in his/her absence
What is the only limit to remand on bail?
That trial should occur within a reasonable time
What does the initial magistrates time limit allow them to do?
collect evidence
What occurs after 8 days of remand in custody
another bail application is submitted and is reviewed
What if the 8 day bail application is rejected?
Then they can make another bail application every subsequent 28 days
If a person is charged with a summary offence what is the limit for how long they can be remanded in custody?
56 days from their first appearance to the start of their trial
if a person charged with an either way offence is remanded in custody what is the limit for how long they can be remanded?
70 days from their first appearance to the start of the trial
For indictable offences, what is the maximum time someone can be remanded in custody?
182 days from the sending to the start of the trial
What is stated in s4 Bail Act?
a person to whom this section applies shall be granted bail except as provided in schedule 1 to this act
When can the prima facie assumption in favour of bail be displaced?
Where there are substantial grounds for refusing bail
What 5 factors will the court consider when making bail decisions?
- the nature and seriousness of the offence
- d’s character, antecedents, associations and community ties
- D’s previous bail record
- strength of the evidence
- any other relevant matter
How many times can an individual apply for bail on the same facts?
2 times
After bail has been applied for twice on the same facts, when will the court head submissions?
If there is a material change in circumstances or legal argument or if 28 days have elapsed.
What must a magistrates court issue if they refuse a full application?
a certificate of full argument explaining why they have refused bail
