Bail application - presumption & Objection Flashcards

1
Q

Is there a presumption that D is entitled to Bail?

A

Yes

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2
Q

When does the presumption of bail not apply?

A
  • those appealing their conviction or sentence; or
  • to defendants being committed for sentence from the Magistrates’ Court to the Crown Court.
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3
Q

What are the 2 considerations when thinking about bail

A
  • Grounds
  • Factors
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4
Q

What are the grounds for objection to bail for indictable cases?

A
  • fail to attend a subsequent hearing (failure to surrender to custody);
  • commit further offences on bail; and/or
  • interfere with witnesses, or otherwise obstruct the course of justice eg witness intimidation or destruction of evidence.
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5
Q

What is the burden of proof for the grounds for objection to bail for indictable cases?

A

substantial grounds for believing that if granted bail, the defendant will behave in a way that the ground specifies.

It is only necessary to show that the fears of the behaviour happening have substance and merit.

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6
Q

What is a defence where the burden of proof for the grounds for objection to bail for indictable cases is met?

A

bail should not be removed under one of these grounds if the defendant is charged with an offence (or offences) where there are no real prospects’ of receiving a custodial sentence.

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7
Q

What factors are considered when considering a bail application?

A
  • the nature and seriousness of the offence
  • strength of the evidence
    .
  • the character of the defendant,
  • bail record of the defendant
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8
Q

when considering the factors when considering a bail application, what are the elements that make up D’s character?

A
  • Antecedents are previous convictions which can make a custodial sentence more likely.
    .
  • Character might include any personal circumstances such as drug addictions
  • Associations might include friends with criminal records.
  • community ties’ helps to see how easy it could be for the defendant to abscond and how much D has to lose by absconding. (If D is married with children or in a job then D might be less likely to ‘disappear’ compared to someone of ‘no fixed abode’).
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