Bail Act Flashcards
7 - bail rules
Bailable as of right if no imprisonment or 3yrs of under unless 194 (FH offences)
Not bailable if convicted death or imprisonment offence previously
If not bailable as of right, court bail unless satisfied cause for detention
8 - detention considerations
WEEP and matter make it unjust to detain
Can consider
Nature
Evidence
Seriousness
Character and past conduct
History of offending
Time to trial
Prejudice to trial if remanded
Views of victim
10 - bail restriction on specified offence
Charged with specified
1 or more precious for a specified
Applies for 1A offences and has 1 or more convictions
No bail unless HC or DC judge
Must satisfy judge on balance of probabilities that would reoffend with violence or danger/safety of others
Victims and safety of public are primary considerations
12a and b restrictions on bail
A 18
Charged 3yr+ offence and
Remanded at large or bail at time 3yr+ and
Previous imprisonment sentence
B 18
Charged 3yr+ offence and
14 or more imprisonment sentence
Convicted and sentenced on offence committed on bail or at large of 3yr+ offence
Can be concurrent
DC or HC judge
Satisfy on balance of probabilities no violence, danger, safety or serious property offence which is 7yr +
15 - bail 18 or under
1 Must release on bail if 17 and not previous imprisonment sentence
2A 17 and charged DC or HC and no previous imprisonment sentence
Both above subject to section. 7, 9-12 and 16-17A and 175 criminal provider act
16 drug dealing bail
Charged or convicted drug dealing - bail only DC or HC judge
21 - police bail
May if 9, 9A, 10, 12, 16 or 17A do not apply
Victim and victim family relationship protection is primary consideration
21A notice of police bail
Must have
Full name and address
Charge particulars
Conditions of bail and court appearance details
Be dated
Must give, explain and defendant must authenticate
No later than 14th days
