Bail Conditions Flashcards
what is the position regarding unconditional bail?
D has a right to unconditional bail, unless:
1. A statutory ground to remand in custody is met but the risk can be alleviated by imposing conditions; or
2. Conditions are necessary to achieve one of the prescribed reasons.
on what basis can a bail condition be imposed? (6)
in any case, a condition can only be imposed if it is necessary to:
o Prevent D from absconding;
o Prevent D from committing further offences whilst on bail;
o Prevent D from interfering with W or obstructing the course of justice;
o Ensure D makes themselves available for reports;
o Ensure D keeps an appointment with their solicitor
o Ensure D’s own protection or, if J, their welfare
what must any conditions be?
Any conditions must be specific, justifiable, enforceable and effective
what are appropriate conditions where the risk is absconding? Describe each.
o Residence = D resides at named address
o Reporting to police station
o Surety = person agrees to pay money if D fails to attend.
o Security = D pays money into the court
o Surrender passport
who cannot/is unlikely to be a surety?
Solicitor can never be surety.
Someone with pre-cons, no financial means, lives far away unlikely to be allowed
what are appropriate conditions where the risk is that D might commit further offences?
o Curfew
o Restriction on entering certain areas
what are appropriate conditions where the risk is that D might interfere with witnesses?
o Condition D has no contact with W
what are appropriate conditions where the risk is D will fail to attend appointments?
o Condition D attends appointments
when can tagging (electronic monitoring) be used?
This can only be imposed to monitor compliance with another bail conditions and where the court is satisfied that:
o Without it, the person would not be granted bail; and
o The necessary arrangements for EM are in place
