Bail conditions Flashcards
What is a person’s duty when granted bail in criminal proceedings?
To surrender to custody by attending court at the specified time and date.
What can the defence offer to lessen risks associated with bail?
Conditions to be attached to bail.
What must bail conditions imposed by the court be?
Proportionate, enforceable, and relevant.
List common bail conditions.
- Residence at a given address
- Curfew
- Reporting to a local police station at given times
- Surety
- Security
- Restriction on where a defendant may go
- Restriction on who the defendant might contact
- Electronic monitoring
- Bail hostels
- Surrender of passport
What is a ‘surety’ in the context of bail?
The offer of money made by someone with influence over the defendant to secure their return to court.
Who can never act as a surety?
A solicitor.
What does ‘security’ refer to in bail terms?
The defendant or someone on the D’s behalf putting up money or a valuable item to be forfeited if the defendant does not attend court.
Who can apply to vary bail conditions?
The defence or the prosecution with advance notice to the other party.
To which court should the application to vary bail conditions be made?
The court which granted bail or the Crown Court if sent for trial or committed for sentence
What happens if both parties agree on varying bail conditions?
The court may decide to vary a bail condition without a hearing.
What may result from a breach of bail conditions?
The accused may be arrested and face tighter bail conditions or remand in custody.
What power do police have regarding breach of bail conditions?
To arrest without a warrant if they have reasonable grounds to believe conditions have been broken or are likely to be broken.
What is the time frame for bringing a defendant before the Magistrates’ Court after arrest for breach of bail condition?
As soon as reasonably practicable, within 24 hours.
What must the court determine regarding a breach of bail?
Whether there is a breach and whether to remand the defendant in custody or release them on bail with the same/tightened conditions.
Is there an offence of ‘breaching a bail condition’?
No, except for failing to surrender to custody without reasonable cause.
FTS - s7 Bail Act
What is the penalty for failing to surrender to custody without reasonable cause?
Punishable summarily by up to three months’ imprisonment and/or an unlimited fine, or 12 months and/or an unlimited fine on indictment.
