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Criminal Unit 1 - Pre-Trial Principles > Bail and Remand > Flashcards

Bail and Remand Flashcards

1
Q

Define ‘bail in criminal proceedings’?

A

(a) bail for an accused or convicted individual
(b) bail for an arrested or warranted individual.

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2
Q

SCA 1981 s.81(1)(a-g)?

A
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3
Q

Senior Courts Act 1981, s.81(1)(a)?

A

CC may grant bail to anyone sent in custody for trial at CC.

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4
Q

Senior Courts Act 1981, s.81(1)(b)?

A

CC may bail anyone given appealing a magistrates custodial sentence at CC.

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5
Q

Senior Courts Act 1981, s.81(1)(c)?

A

CC may bail anyone in custody of CC awaiting disposal of case.

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6
Q

Senior Courts Act 1981, s.81(1)(d)?

A

CC may bail anyone seeking appeal or JR of a CC trial already decided.

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7
Q

Senior Courts Act 1981, s.81(1)(e)?

A

CC may bail anyone seeking appeal or JR.

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8
Q

Senior Courts Act 1981, s.81(1)(f)?

A

CC may bail anyone they deem eligible for appeal to CoA against conviction and sentence.

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9
Q

Senior Courts Act 1981, s.81(1)(g)?

A

CC may bail anyone remanded by magistrates on adjournment if magistrates heard all representations.

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10
Q

What curbs the powers of CC to grant bail?

A

CJPO 1994 s.25

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11
Q

What are the bail rules for murder charges at CC?

A

A person charged with murder can only be granted bail by a Crown Court Judge.

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12
Q

What are the bail rules for murder charges at magistrates?

A

A person in magistrates charged with murder must be committed into custody to the CC.

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13
Q

How long does CC have to decide the question of bail upon sending from magistrates?

A

CC has 48h after day of appearance in magistrates to decide bail.

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14
Q

CAJA 2009, s. 155(6)?

A

Provisions restricting bail for murder charges apply even if the accused is charged with additional offences.

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15
Q
A
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16
Q

Rafferty [1999]?

A

When someone on bail pleads guilty at plea before venue, they should continue to be unless there’s good reasons for remand.

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17
Q

What must be satisfied for an accused murder to be bailed?

A

Court must have the opinion that there is no significant risk of further offending that would cause harm to others.

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18
Q

Where can you find the statutory grounds for refusing bail?

A

BA sch.1 para.2.

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19
Q

BA sch.1 para.1?

A

Accused MAY be refused bail if charged or awaiting sentence for at least one indictable offence punishable with imprisonment.

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20
Q

What are the 3 reasons bail would be refused?

A

If court believes they would fail to surrender, commit an offence or interfere with witnesses/justice.

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21
Q

What is the standard of proof for 3 reasons courts can cite to refuse bail?

A

Court needs to be satisfied there are substantial grounds for believing a risk will occur.

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22
Q

Where can you find a list of factors court should consider when deciding whether to refuse bail?

A

BA para.9 (a-e).

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23
Q

What relevant factors should the court consider when deciding to whether to refuse bail?

A

(a) nature and severity of offence (b) character, associations and community ties (c) previous bail infractions (d) strength of prosecution evidence (e) risk of causing harm to others.

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24
Q

What is meant by ‘character’ with regards to relevant factors to consider for bail?

A

character refers to previous convictions that make a custodial sentence more likely.

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25
Q

What should be noted about the relevant factors to consider when making a decision on bail?

A

the relevant factors listed in paras 9(a-e) are not exhaustive. Other things may and should be considered.

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26
Q

What are some reasons for witholding bail not mentioned in statute?

A

risk of injury to an associated person, where accused is already on bail for another offence, for own protection, where already serving time for another offence, where court has insufficient info, where accused is absconded

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27
Q

What is meant by risk of harm to an “associated person” with regard to bail?

A

An associated person is a person associated with the accused within the family law act 1996, s. 62(3) - i.e. domestic violence possible victims.

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28
Q

What is the rule with bail if an offence is committed while out on it?

A

Accused needn’t be regranted bail for the second offence unless there’s no real prospect of custodial sentence.

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29
Q

What is a unique use of refusing bail?

A

Accused may be taken into custody for their own protection or welfare e.g. protection from public, gangs.

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30
Q

What is the rule for bail with those already in custody?

A

Accuseds in custody are not granted bail.

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31
Q

Can bail be granted with insufficient information?

A

If lack of time has caused insufficient information bail can be withheld (rarely though).

32
Q

Should absconding suspects be granted bail?

A

Not if they’ve absconded on the same proceedings.

33
Q

How many factors should be considered for refusing bail in drugs cases?

A

3: drug test evidence of Class A use; Class A charge; Refusal to undergo dependency assessment.

34
Q

BA s.3(6d)?

A

If drug assessment + follow ups are agreed upon it will be a condition of bail to undertake.

35
Q

What is the relationship between summary offences and the presumption in favour of bail?

A

imprisonable summary offences have 8 exceptions to the presumption in favour of bail.

36
Q

How many exceptions to the presumption of bail for summary offences are there.

A

8 - related only to imprisonable summary offences.

37
Q

What are the 8 exceptions to the presumption of bail for imprisonable summary offences?

A

(1) history of failing to surrender (2) on bail during commission (3) re-offending (4) own protection (5) already custodial sentence (6) arrested under BA s. 7 (7) insufficient info (8) where drug exceptions would apply if the offence were indictable.

38
Q

How many reasons are there that bail might be refused for non-imprisonable offences?

A

5 (BA sch.1 part ii)

39
Q

What is the 1st reason bail may be refused for a non-imprisonable offence?

A

Accused is a juvenile OR has already been granted bail and failed to surrender on same charges.

40
Q

What is the 2nd reason bail may be refused for a non-imprisonable offence?

A

Accused’s own protection

41
Q

What is the third reason bail may be refused for a non-imprisonable offence?

A

Accused is serving a custodial sentence

42
Q

What is the 4th reason bail may be refused for a non-imprisonable offence?

A

Accused is a juvenile or convicted of s.7 offence and likely to fail to surrender, interfere or re-offend.

43
Q

What is the 5th reason bail may be refused for a non-imprisonable offence?

A

Accused arrested under s.7 and likely to cause injury or apprehension to an associated person.

44
Q

What grounds for refusing bail are inapplicable to non-imprisonable offences?

A

Bail for non-imprisonables can’t be withheld for risk of absconding or insufficient time reasons.

45
Q

BA s.7?

A

Police can arrest an accused if likely to break bail conditions or suspected of having done so.

46
Q

What are the obligations of unconditional bail?

A

Accused only needs to surrender to custody (i.e. attend court) at specified date and time.

47
Q

Who can act as surety?

A

Accused can’t be their own surety but can be for other people.

48
Q

When can conditional bail be imposed?

A

When court deems it necessary for the public or accused’s benefit.

49
Q

What is the authority for imposing conditions on bail?

A

to ensure surrender to custody, non-offending, non-interference and availability for questioning.

50
Q

What are the 4 most common bail conditions to reduce absconding?

A

condition of residence, notification of change of address, reporting daily weekly etc to local police, surrender of passport.

51
Q

What conditions are often imposed to prevent commission of offences while on bail?

A

a curfew and a ban from certain addresses and areas, electronic monitoring

52
Q

What conditions are often imposed to minimise interference with witnesses?

A

no-contact orders of the victim and any witnesses, banning from certain areas and addresses.

53
Q

What is the difference between sureties for bail and securities for bail?

A

Sureties are monetary and cannot be provided by the accused, security can be a valuable item of the accused’s or a third party’s that will be forfeited upon non-attendance.

54
Q

What can an accused do in response to conditional bail?

A

Apply to the issuing court or CC when sent for a variation of conditions 48 hours before any hearing. So can the prosecution.

55
Q

What happens upon breach of bail conditions?

A

Breach of any condition can lead to arrest without warrant under Bail Act 1976, s. 7(3) and the withdrawal of bail.

56
Q

What is a bail application in a magistrates court?

A

A preliminary hearing that may be attended via live link audio or video.

57
Q

CrimPR 14.2(1)(a)?

A

A decision on bail can only be made if each party has had the opportunity to make representations

58
Q

Who bears the standard of proof regarding presumption in favour of bail?

A

Courts

59
Q

What is the practice regarding bail at any point of adjournment?

A

Before each adjournment court should ask prosecution if there are any objections to bail.

60
Q

Can an accused make multiple applications for bail?

A

An accused can make a second application for bail (even with same arguments) but not a third.

61
Q

What must magistrates do after hearing a bail application?

A

Issue a certificate confirming that full argument was heard, and if second hearing, must list any changes between hearings.

62
Q

What can the accused do if magistrates refuse bail?

A

Apply for bail at crown court. Can also appeal conditions of bail imposed by magistrates.

63
Q

What is the procedure for appealing magistrates bail decision at CC?

A

Give written notice to magistrates and CPS ASAP stating appeal, new info and arguments. This should be heard within a day.W

64
Q

What is the procedure for bail hearings at CC?

A

Often private and heard by a judge or recorder.

65
Q

What is the rule on repeated bail applications to CC?

A

Repeated applications can only be made if there are fresh arguments.

66
Q

What does the Bail (Amendment) Act 1993 do?

A

Gives prosecution the right to appeal bail decisions on imprisonable offences to CC and High Court - IF already argued against giving bail.

67
Q

What is the procedure for a prosecution appeal on bail decision?

A

oral notice of appeal ASAP and before release of accused, written notice within 2 hours of bail granted.

68
Q

What should the court first consider when an accused fails to comply with bail?

A

How to ensure accused’s attendance for rest of proceedings, then any consequences.

69
Q

What are the 3 main things court can do when there’s failure to appear?

A

Issue a bench warrant; adjourn and extend bail or rule to take no further action; proceed in absence (if not either way in magistrates)

70
Q

When can a bailed accused be arrested without a warrant?

A

Officer has reasonable grounds for believing the accused is unlikely to surrender; is likely to break or has broken conditions; or the surety wishes to be relieved of obligations and informs the police of this.

71
Q

What must happen following a BA 1976 s. 7 arrest?

A

Brought to magistrate within 24 working hours even if trial sent to CC. Magistrate will then consider risks and re-grant on same or varied conditions, or withhold.

72
Q

BA s.6(1)?

A

A bailed accused who fails to surrender to custody is guilty of an offence. The burden is on them to show reasonable cause. (e.g. heart attack not traffic).

73
Q

What is the punishment for a s.6 BA offence?

A

Summary conviction with maximum 3 months imprisonment and/or limitless fine.

74
Q

What are s.6 BA offences punishable by at CC?

A

Absconding from CC trials is imprisonable for up to 12 months and an unlimited fine.

75
Q

What is the procedure for charging a s.6 BA offence?

A

Accused seen be original bailing court without need for summons. Absconder offered chance to give reason for absence.

Criminal Unit 1 - Pre-Trial Principles (3 decks)

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