Bail

Question 1

What does it mean to be ‘on remand’?

Answer 1

to have been charged with an offence

Question 2

What are the three categories of ‘on remand’?

Answer 2

remand in custody
remand on conditional bail
remand on unconditional bail

Question 3

What is unconditional bail?

Answer 3

release from custody subject only to an obligation to return

Question 4

Which type of bail is most commonly assigned?

Answer 4

unconditional bail

Question 5

what is ‘pre-charge bail’ also known as?

Answer 5

police bail

Question 6

describe police bail

Answer 6

granted by a custody officer following arrest’ custody time clock is paused

Question 7

what is post-charge bail also known as?

Answer 7

bail to court

Question 8

describe post charge bail

Answer 8

granted by custody officer’ may be subject to conditions

Question 9

describe court bail

Answer 9

granted by a court, may be subject to conditions

Question 10

when does bail arise again?

Answer 10

after conviction but before sentencing

Question 11

what different rule does bail after condition have?

Answer 11

the presumption in favour of bail is lost because you are no longer considered an innocent person.

Question 12

What does s4of the Bail Act say?

Answer 12

There is a prima facie presumption in favour of bail

Question 13

How long can a person be remanded on bail?

Answer 13

There is no limit but it is subject to the requirement that a trial occurs in a reasonable time

Question 14

How long can a person be remanded in custody for initially by magistrates?

Answer 14

initially for magistrates its 8 days

Question 15

What legislation dictates how long a person can be remanded in custody for?

Answer 15

s128(A) MCA 1980

Question 16

How long can a person be remanded in custody for with representation and their consent?

Answer 16

3 consecutive hearings in his/her absence

Question 17

What is the only limit to remand on bail?

Answer 17

That trial should occur within a reasonable time

Question 18

What does the initial magistrates time limit allow them to do?

Answer 18

collect evidence

Question 19

What occurs after 8 days of remand in custody

Answer 19

another bail application is submitted and is reviewed

Question 20

What if the 8 day bail application is rejected?

Answer 20

Then they can make another bail application every subsequent 28 days

Question 21

If a person is charged with a summary offence what is the limit for how long they can be remanded in custody?

Answer 21

56 days from their first appearance to the start of their trial

Question 22

if a person charged with an either way offence is remanded in custody what is the limit for how long they can be remanded?

Answer 22

70 days from their first appearance to the start of the trial

Question 23

For indictable offences, what is the maximum time someone can be remanded in custody?

Answer 23

182 days from the sending to the start of the trial

Question 24

What is stated in s4 Bail Act?

Answer 24

a person to whom this section applies shall be granted bail except as provided in schedule 1 to this act

Question 25

When can the prima facie assumption in favour of bail be displaced?

Answer 25

Where there are substantial grounds for refusing bail

Question 26

What 5 factors will the court consider when making bail decisions?

Answer 26

1. the nature and seriousness of the offence
2. d’s character, antecedents, associations and community ties
3. D’s previous bail record
4. strength of the evidence
5. any other relevant matter

Question 27

How many times can an individual apply for bail on the same facts?

Answer 27

2 times

Question 28

After bail has been applied for twice on the same facts, when will the court head submissions?

Answer 28

If there is a material change in circumstances or legal argument or if 28 days have elapsed.

Question 29

What must a magistrates court issue if they refuse a full application?

Answer 29

a certificate of full argument explaining why they have refused bail