Bail Appeal Notice - Drafting

Question 1

Who will draft one?

Answer 1

Defence solicitor

Question 2

When will you require one?

Answer 2

If the magistrates have refused bail

Question 3

Where is the appeal heard?

Answer 3

Crown court

Question 4

Structure

Answer 4

1) Case details
2) Application to Crown Court
3) Alleged offence(s)
4) Magistrates court bail decision
5) Reasons for this application
4) Proposed condition(s) of bail

Question 5

Case details

Answer 5

Need to include:
1) Name of defendant
2) Address
3) Where is the appeal from (which magistrates’ court)
4) Reference number of magistrates
5) Where the appeal is going (which crown court)
6) Reference number of crown court

Question 6

Application to Crown Court

Answer 6

to grant bail, which the magistrates’ court has withheld

Question 7

Alleged offences

Answer 7

Need to state details of the offence e.g charged with criminal damage of [INSERT] between [TIME and DATE]. The allegation is that [insert]

Question 8

Magistrates’ court bail decision

Answer 8

Details of the magistrates court, including date and the reasons which the court gave

Question 9

Magistrates’ court bail decision - Example

Answer 9

On [date] the first full bail application was made at Guildford Magistrates’ Court and bail was refused. On [date] a second full application was made and bail was refused on the basis that there were substantial grounds for believing that the defendant would fail to surrender

Question 10

Reasons for this application

Answer 10

Need to explain the following as appropriate:
a) why the crown court should not withhold bail
b) why the crown court should vary the conditions of bail
c) what further information or legal argument if any has become available since the magistrates’ court bail decision was made
WILL USUALLY BE ABOUT (A)

Question 11

Reasons for this application - Why CC should not withhold bail

Answer 11

Need to look at grounds of refusing bail any factors supporting these grounds. Need to show how these aren’t met

Question 12

Reasons for this application - Why CC should not withhold bail - Failing to surrender on the grounds of nature and seriousness of offence

Answer 12

Need to look at lowest sentencing range. E.g if found guilty, he will most likely to be sentenced to a community penalty and not custody and explain why If the previous convictions were not custodial e.g ‘If convicted, he is likely to have reached the threshold for a community penalty but not custody’

Question 13

Reasons for this application - Why CC should not withhold bail - Failing to surrender due to character, antecedents, associations and community ties

Answer 13

Need to look at previous convictions and see if the custody threshold has been reached - if not need to emphasise this. Emphasise any local ties e.g living with girlfriend, job.

Question 14

Reasons for this application - Why CC should not withhold bail -Previous convictions for absconding

Answer 14

If they haven’t then need to emphasise this. E.g ‘The defendant has no previous convictions for absonding’

Question 15

Reasons for this application - Why CC should not withhold bail - Strength of evidence against them

Answer 15

Need to emphasise if the case consists of poor quality and circumstantial evidence. State their defence - they were with someone else at the time of offence who will confirm their alibi e.g the defendant was with his girlfriend at the time who will confirm his alibi]

Question 16

Proposed condition(s) of bail

Answer 16

Need to look at instructions to see what conditions are good e.g if there is someone willing to be a surety but they don’t have enough money then this won’t be sufficient

Question 17

Proposed condition(s) of bail - Example

Answer 17

1) Residence at 39 Avenue Road, Guildford.
2) Reporting daily to Guildford police station.
3) That the defendant surrenders his passport.