BAIL APPLICATIONS ATCOURT

Question 1

PROCEDURE FOR APPLYING FOR BAIL

Answer 1

1. Upon being denied bail by the police, a defendant will be produced at the Magistrates’ Court at the next available hearing.
2. There is no prescribed procedure for a bail hearing.
3. However, if there are objections to granting bail, the prosecution will generally outline the objections to bail first, and the defence will then present its arguments for bail and propose conditions to address any objections.

Question 2

Certificate of Full Argument

Answer 2

If the court refuses bail, the court will issue to the defendant a certificate of full argument, which is a document that states the court heard full argument on the application for bail before it refused the application.

Question 3

2

RIGHT TO BAIL

Answer 3

1. Defendants have a general right to bail.
2. The court can remand a defendant into custody only if it finds: (1) an exception to the right to bail applies and (2) there is a real prospect of a custodial sentence being imposed if convicted.

Question 4

7

EXCEPTIONS TO RIGHT TO BAIL

Answer 4

1. There are substantial grounds for believing that the defendant would:
   * Fail to surrender;
   * Commit further offences whilst on bail; or
   * Interfere with witnesses or otherwise obstruct justice.
2. They are charged with an offence that can be tried in the Crown Court, and they were on bail at the time of the offence;
3. Custody is for their own protection;
4. There are substantial grounds for believing that the
   defendant would commit an offence on bail that would
   cause (or cause fear of) physical or mental injury to an associated person, which includes spouses, (former) partners, children, and relatives of the defendant;
5. They are already serving a custodial sentence;
6. There is insufcient information to make a decision on bail; or
7. They have failed to surrender or breached bail conditions in the same proceedings.

Question 5

5

Substantial Grounds Factors

Answer 5

the court will consider
1. The nature and seriousness of the offence and the probable method of dealing with it (custody, community order, fine);
2. The defendant’s character, previous convictions, associations, and community ties (previous convictions make bail less likely to be granted. Strong community ties, links to reputable organisations, and having a good character record all make bail more likely to be granted);
3. The defendant’s record on complying with bail obligations;
4. The strength of the evidence (the stronger the evidence,
the less likely bail will be granted); and
5. The risk that the defendant might engage in conduct that would, or would be likely to, cause physical or mental injury to another.

Question 6

3

CONDITIONAL BAIL

Answer 6

The court can attach conditions to bail if they are relevant, proportionate, and enforceable. Common conditions include:
1. Requiring the defendant to reside at a specifed address
(for example, with a relative or at a bail hostel);
2. Requiring the defendant to report to a local police station
at specifed intervals;
3. Prohibiting the defendant from going to a particular area;
4. Prohibiting the defendant from contacting certain, named
individuals (such as victims or witnesses);
5. Requiring the defendant to comply with a curfew;
6. Requiring the defendant to wear an electronic tag; and
7. Requiring the defendant to obtain a surety who can post
security that will be forfeited if the defendant fails to surrender.

Question 7

3

BAIL AND MURDER CHARGES

Answer 7

1. Bail applications for charges of murder can be heard only by a Crown Court Judge.
2. The presumption here is the **opposite **of what it generally is—against release instead of in favour of release.
3. A defendant charged with murder may not be grant-ed bail unless there is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another person.

Question 8

FURTHER APPLICATIONS FOR BAIL

Answer 8

1. A court must consider bail at each hearing, although a defen-dant may make only one further bail application based on the** same facts** and submissions (so two applications in total).
2. Adefendant may make additional requests for bail only if thereis a change of circumstance (for example, new evidence that weakens the prosecution case or a new bail address).

Question 9

3

ABSCONDING AND BREACHES OF BAIL CONDITIONS

Answer 9

1. If a defendant breaches their bail conditions, they can be
   arrested** without a warrant. **
2. Their bail also can be withdrawn, or the court can impose more stringent conditions.
3. If a defendant fails to surrender to bail, they commit a separate offence and risk their bail being revoked.

Question 10

3

Vulnerable Suspects

Answer 10

1. If a detainee is less than 18-years-old or potentially mentally disordered or mentally vulnerable, additional safeguards should be taken to protect the detainee’s rights.
2. Specifcally, an appropriate adult should be summoned to help with communications between the detainee and other parties.
3. An appropriate adult is a person who attends the police station to protect the interests, rights, entitlements, and welfare of vulnerable detainees.