Bail Applications Flashcards
Generally, there is a presumption that D should be ______ __ ____ after appearing in the Magistrates Court
released on bail
In what type of cases does the presumption for bail not apply?
Homicide cases
What are 2 requirements that a court must find if they wish to remand D into custody for a non-homicide offence?
- Exception to the right of bail applies; and
- Real prospect of a custodial sentence being imposed if D is convicted
What are the 5 exceptions to the right of bail?
- Substantial grounds that D would do a number of untoward things
- D charged with a serious crime whilst on bail
- Custody necessary for D’s own protection
- Insufficient information to make a decision on bail
- Failure to surrender/breached bail conditions
What are the 4 untoward things D could do to except the right to bail?
- Fail to surrender
- Commit further offences while on bail
- Interfere with Ws
- Otherwise obstruct justice
Name any 5 things that the court will consider when determining whether to grant bail?
- Nature and seriousness of offence
- D’s character, previous convictions, community ties
- D’s record on complying with bail obligations
- Strength of evidence
- Risk of D causing physical/mental injury to another
What 3 requirements are needed for a court to be able to attach conditions to bail?
The conditions should be:
1. Relevant
2. Proportionate
3. Enforceable
Give 4 examples of common bail conditions
- D must stay at specific address
- D is restricted from certain areas or contacting certain people
- D has a curfew/electronic tag
- D pays a security that is forfeited if they fail to surrender
Applications for bail on murder charges may only be heard in which court?
Crown Court
For murder cases, bail may not be granted unless D can convince the Crown Court of what?
No significant risk that D would commit an offence likely to cause physical/mental injury to another
Generally, what is the maximum no. of bail applications D can make?
2
D can make additional requests for bail only if there is a change in what?
Circumstances
If D breaches their bail conditions, they can be arrested without a…
warrant
What is the consequence of D breaching their bail conditions?
They will be brought to the court to have their bail reconsidered
If D fails to surrender to bail, they commit a separate ______ and risk their bail being _______
offence, revoked
