Bail – Conditions and Breach Flashcards
What is the general presumption regarding bail under the Bail Act 1976?
A. Defendants are presumed to be remanded in custody unless proven otherwise.
B. Defendants have a right to bail unless a valid objection is made.
C. Bail is only granted if the defendant provides a surety.
D. Bail is at the judge’s absolute discretion.
B. Defendants have a right to bail unless a valid objection is made.
📖 Explanation: The Bail Act 1976, Section 4 establishes a presumption in favour of bail, meaning the prosecution must prove grounds to object.
Which of the following is NOT a ground for refusing bail?
A. The defendant is likely to interfere with witnesses.
B. The defendant may commit further offences while on bail.
C. The defendant’s family does not want them to be released.
D. The defendant may fail to surrender to custody.
C. The defendant’s family does not want them to be released.
📖 Explanation: Bail decisions must be based on legal grounds such as failure to surrender, committing further offences, or interfering with justice—not personal opinions.
Which offence generally does NOT carry a presumption in favour of bail?
A. Fraud
B. Burglary
C. Drug possession
D. Murder
D. Murder
📖 Explanation: Murder cases do not have a presumption in favour of bail. Bail can only be granted in exceptional circumstances by a Crown Court Judge.
Which of the following factors is NOT directly considered when deciding bail?
A. The personal opinion of the judge about the defendant.
B. The defendant’s criminal record.
C. The likelihood of the defendant committing further offences.
D. The strength of evidence against the defendant.
A. The personal opinion of the judge about the defendant.
📖 Explanation: Bail decisions must be based on objective legal factors, not the personal opinion of the judge.
A defendant is charged with robbery and has previously failed to attend a court hearing. What is the strongest ground for refusing bail?
A. The seriousness of the charge.
B. The defendant may fail to surrender to custody.
C. The defendant has no previous convictions.
D. The defendant has a stable job.
B. The defendant may fail to surrender to custody.
📖 Explanation: A history of failing to attend court is a strong indicator that the defendant may abscond again, making it a valid objection to bail.
A defendant charged with domestic violence offences applies for bail. The prosecution objects. Which ground is most relevant?
A. The seriousness of the charge.
B. The defendant’s lack of remorse.
C. The risk of causing physical or mental harm to an associated person.
D. The defendant’s financial situation.
C. The risk of causing physical or mental harm to an associated person.
📖 Explanation: In domestic violence cases, bail can be refused if there are substantial grounds to believe the defendant may harm their partner or family member.
A defendant charged with shoplifting (£50 value) applies for bail. Which of the following is the weakest argument for refusing bail?
A. The seriousness of the offence.
B. The defendant has a history of reoffending while on bail.
C. The defendant has previously failed to surrender.
D. The defendant does not have a stable income.
D. The defendant does not have a stable income.
📖 Explanation: The defendant’s income or employment status is not a valid reason to deny bail unless linked to a risk of reoffending.
A defendant charged with drug supply tests positive for heroin use. What is the likely bail decision?
A. Bail must be granted due to the presumption in favour of bail.
B. The defendant’s drug use is irrelevant.
C. Bail may be refused unless there is no significant risk of reoffending.
D. Bail must be denied automatically.
C. Bail may be refused unless there is no significant risk of reoffending.
📖 Explanation: Drug-related offences often lead to reoffending, which is a valid ground for refusing bail unless the risk is low.
A defendant charged with attempted murder has a previous conviction for a serious violent offence. What must they prove to obtain bail?
A. They have a stable address.
B. They can pay a financial surety.
C. They are not a risk to the public.
D. There are exceptional circumstances.
D. There are exceptional circumstances.
📖 Explanation: Defendants charged with attempted murder (especially with prior convictions) will only get bail if exceptional circumstances justify it.
A defendant accused of fraud (£700,000) is on bail for a previous fraud case. What is the most likely bail outcome?
A. Bail must be granted due to the presumption in favour of bail.
B. The court cannot consider previous charges.
C. Bail may be refused due to a risk of committing further offences.
D. The defendant’s financial background is irrelevant.
C. Bail may be refused due to a risk of committing further offences.
📖 Explanation: Fraud cases involving large sums and repeat offending create a risk of reoffending, justifying refusal of bail.
A defendant is charged with criminal damage. The prosecution argues that he is a danger to the public, but he has no previous convictions. What is the best defence argument for granting bail?
A. The defendant can provide a financial surety.
B. The judge does not have enough evidence.
C. The offence is not serious enough to justify refusing bail.
D. The defendant has expressed remorse.
D. The defendant has expressed remorse.
📖 Explanation: While remorse alone is not a guarantee, it can be used alongside other factors to argue that the defendant is not a risk.
