BAIL ACT Flashcards
Bail Act 2000
Under Section 7(rules as to granting bail)
name 2 conditions where a person is bailable as of right ?
- Charged with an offence not punishable by imprisonment
- Penalty less that 3yrs
Bail Act 2000
Under Section 7, when is the person not bailable as of right ?
When they have been previously convicted of an offence punishable by imprisonment or family harm related
Bail Act 2000
Under Section 7, a defendant who is NOT bailable as of right, must be released on reasonable terms and conditions by the court… UNLESS ?
The court is satisfied that there is just cause for continued detention
Bail Act 2000
Under Section 8(1), when considering whether there is just cause for continued detention, what risks must the Court take into account ?
Whether there is risk that:
- The defendant may fail to appear; OR
- interference with witnesses or evidence; OR
- May offend while on bail; AND
- Any matter that would make it unjust to detain the defendant
Bail Act 2000
Under Section 8(2), the court outlines 8 further points for considering whether there is just cause for continued detention, name them?
- Nature of the offence
- Strength of evidence and probability of conviction
- Seriousness of punishment likely to be imposed
- Character and past conduct/behaviour
- History of offending on bail
- Length of time before trial
- Any prejudice to the defence in preparing case
- Any other special circumstances
Bail Act 2000
Under Section 10, if a person is charged with a specified offence, and they have a previous conviction for any specified offence, can bail be granted by the courts?
Yes, but only after satisfying a High Court or District Court Judge that Bail is warranted … THAT on the “balance of probabilities” will not commit offences involving violence or cause danger of safety to any person (reverse burden of proof)
Bail Act 2000
Outline Section 12 (1) and (2) in relation to 17yrs +, Further Restriction on Bail
(On bail and re offends)
1.
- charged with 3 yrs + offence
- time of offence, bailed for 3yr + offence
- previously sentenced prison
2.
- charged with 3 yrs + offence
- previously imprisoned 14+ times
- previous convicted while on bail for offence 3yrs+
Bail Act 2000
Under Section 12 (5) - Further Restriction on Bail, what must the defendant convince the judge (High or District Court) ?
Balance of Probabilities will not while on bail commit;
- violent offence, or endanger safety of any person; OR
- burglary or any serious property offence (means 7yrs+)
Bail Act 2000
Under Section 12, Further Restriction on Bail, what are the 2 primary considerations made by the court?
The need to protect the public AND where appropriate … need to protect victim(s) of alleged offence
Bail Act 2000
Under Section 12, Further Restriction on Bail, does a sentence of imprisonment include a sentence of “Corrective Training” imposed under Criminal Justice Act 1985 or any former Act ?
Answer = YES
Bail Act 2000
Under Section 15, a Defendant charged or sentenced with an offence, must be released on bail if … ?
- is 18yrs old
- not previously sentenced to imprisonment
(This is still subject to other Bail Sections, 7, 9-12, 16-17A and OT arrangements if aged 17-20yrs under s.175 CPA 2011)
Bail Act 2000
Under Section 16, a defendant charged or convicted with drug dealing may be granted bail by whom ?
High Court or District Court judge, but not otherwise
Bail Act 2000
Under Section 21, what may a police employee do in regards to police bail for a defendant ?
If he considers it “prudent to do so”, may be granted bail to person arrested and charged with offence … unless other parts of Bail Act apply
Bail Act 2000
Under Section 21(3), When determining whether “it is prudent to grant police bail” against s.49 Dom. Violence Act, the Police Employee must … ?
Make the need to protect the victim the “paramount consideration”
Bail Act 2000
Under Section 21A(4), The date for the attendance at court must be no later than how many days? relating to bail
14 days from the date of the notice