Bail - Conditions and Breach Flashcards
What is the duty of a defendant that is granted bail?
To surrender to custody by attending court at time and date specified
How can a D overcome objections to bail?
By offering conditions to be attached to bail
What conditions to bail can the court apply?
Any they deem necessary
What must the court consider when applying conditions to bail?
If they are relevant, proportionate and enforceable
What does European Convention on Human Rights Article 5 (3) provide?
Entitled to trial within reasonable time. Conditions can be attached to bail.
What are 10 common bail conditions?
1) Residence at given address
2) Curfew
3) Reporting to local station at given times
4) Surety
5) Security
6) Restriction on where D may go during bail
7) Restriction on who D might have contact with during bail
8) Electronic monitoring (tag)
9) Bail hostels
10) Surrender of passport
Why is residence at given address used?
Let’s police know where to find D if he doesn’t attend court. Helps solicitors and police communicate with D by post.
Why is a curfew relevant?
To prevent further offences being committed on bail.
Applies to offences which occur at night (i.e. burglary).
Only relevant if there is pattern of offending for day/night.
Why is reporting to local police station relevant?
To see if D is still in area. Reduces risk of absconding.
What is surety?
Money offered to court by someone with influence over D who can secure D’s attendance to court. But this money is not deposited.
Why would surety by applied?
Reduces the risk of absconding.
What is security?
D or third party puts up money or valuable item to be forfeited if D does not answer bail.
What is the difference between surety and security?
Surety only by third party. Not deposited, but a promise.
Security by third party or D themselves. Deposited.
Why would there be a restriction on where D may go during bail?
To reduce risk of committing further offences, and/or interfering with witnesses.
Why would there be a restriction on who D might have contact with during bail?
To reduce risk of interfering with witnesses and/or obstructing the court of justice, or co-defendants to prevent further offending.
Why is electronic monitoring used?
To prevent further offences being committed on bail, but also to address fears of failure to surrender and interfere with witnesses.
When are bail hostels used?
If D has no fixed abode.
What can the bail hostels impose?
Curfew, and their own rules. I.e., no alcohol in the building. Breaking these would be a breach of conditions.
Why is surrender of passport relevant?
Prevents the risk of them absconding.
What is an application to vary bail conditions? Who is it made to?
If they want to change one of the conditions – this can be made to the court which granted bail (or Crown if sent there for trial).
When can a variation to bail be made without hearing?
If parties agreed on the variation.
Who can make an application to vary?
Either party
What is the risk of breaching bail conditions?
1) Tighter restrictions
2) Being remanded in custody
Is breaching a condition a criminal offence?
No, it is not.
Does the police have power of arrest for breach or who are about to breach?
Yes, they do.
If D has condition to be in London at 8pm, but is found in a field at Glastonbury at 7.30pm, does the officer have to wait until 8pm?
No, they don’t.
Where is a D arrested for breach of condition brought to?
A magistrates’ court.
Are there any breaching of conditions that are a criminal offence?
Yes, failing to surrender is an offence.
What is failing to surrender punishable by?
3 months and/or unlimited fine, or 12 months on indictment.
