Bail application - presumption & Objection Flashcards
Is there a presumption that D is entitled to Bail?
Yes
When does the presumption of bail not apply?
- those appealing their conviction or sentence; or
- to defendants being committed for sentence from the Magistrates’ Court to the Crown Court.
What are the 2 considerations when thinking about bail
- Grounds
- Factors
What are the grounds for objection to bail for indictable cases?
- 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.
What is the burden of proof for the grounds for objection to bail for indictable cases?
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.
What is a defence where the burden of proof for the grounds for objection to bail for indictable cases is met?
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.
What factors are considered when considering a bail application?
- the nature and seriousness of the offence
- strength of the evidence
. - the character of the defendant,
- bail record of the defendant
when considering the factors when considering a bail application, what are the elements that make up D’s character?
- 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’).