Bail (Crim L)

Question 1

To whom does the right to bail not apply? I.e. bail can be granted but the presumption doesn’t apply

Answer 1

Those appealing their conviction or sentence
To Ds being committed for sentence from MC to Crown Court

Question 2

On what grounds can the prosecution object to bail?

Answer 2

Indictable cases
Summary Cases, Imprisonable
Summary Non-Imprisonable

Question 3

What are the 3 primary grounds for indictable offences and bail?

Answer 3

Are there ‘substantial grounds’ (not a high test to achieve - fears have substance and merit) for believing that D would:
a) Fail to attend a subsequent hearing
b) Commit further offences on bail; and/or
c) Interfere with witnesses, or otherwise obstruct course of justice

Question 4

What does ‘substantial grounds’ mean for determining bail?

Answer 4

The fears of the behaviour happening have substance and merit

Question 5

When can a ground of objection to bail not succeed however, even if satisfied?

Answer 5

Where there are no real prospects of the D receiving a custodial sentence

Question 6

What is the general rule regarding summary offences and objections?

Answer 6

Only available if a D, having been given bail, breaches a condition in these proceedings, or has a conviction for ‘failing to surrender’ in their past

Question 7

After the main 3 grounds for not granting bail, what are the next most important grounds to consider?

Answer 7

a) remand in custody would be for D’s own protection
b) court has insufficient info to deal with issue of bail, and remands in custody for a short period would produce such evidence
c) D is already serving a sentence in custody
If one of these 3 conditions exist, D need not be granted bail

Question 8

What duty is a person granted bail in criminal proceedings under?

Answer 8

A duty to surrender to custody, by attending court at time and date specified

Question 9

A duty to surrender to custody, by attending court at time and date specified

Answer 9

Relevant, proportionate and enforceable

Question 10

Can applications be made to vary bail conditions and by who? What must be done?

Answer 10

Yes
By either party on advance notice to the other party
Application should be made to court which granted bail

Question 11

Who applies for bail and when?

Answer 11

Defence, once prosecution objection to bail has been raised

Question 12

What custody time limits are there?

Answer 12

56 days for trials in MC of summary only or either way offences
182 days for Crown Court rials of indicatable only or either way offences, less any days spent in custody prior to case being sent to Crown Court

Question 13

When must a trial commence by?

Answer 13

Before the expiry of the custody time limit

Question 14

What happens if the custody time limit expires without a trial being commenced?

Answer 14

D is released, unless prosecution applies to extend time limits, showing they have acted with ‘all due diligence and expedition’ and there’s ‘good and sufficient cause’ to have D further remanded into custody

Question 15

What is the general rule regarding further applications for bail?

Answer 15

A D who is having a trial in MC can have 2 attempts at getting bail at MC and one attempt on appeal to Crown Court
A D whose trial is in Crown Court has 1 attempt at first hearing at MC (unless charged with murder) and a further application in Crown

Question 16

For a prosecution to appeal against the granting of bail by a MC, what must they have done? When is the appeal heard by?

Answer 16

Must have opposed bail originally
Offence must be punishable by imprisonment. Appeal is heard within 48 hours (excluding weekends)

Question 17

What type of offence is breach of bail?

Answer 17

An arrestable offence
Not a criminal one!

Question 18

What may happen if bail conditions are breached?

Answer 18

Could be arrested and D at risk of either having conditions tightened or being remanded in custody

Question 19

Can officers arrest those who are about to be in breach of bail conditions?

Answer 19

Yes

Question 20

What is the only breach of bail conditions that is a criminal offence?

Answer 20

Failing, without reasonable cause, to surrender to custody

Question 21

Where is the first hearing for all offences?

Answer 21

MC

Question 22

Where the D is on bail, when must the first hearing be?

Answer 22

If prosecutor anticipates a guilty plea likely to be sentence in MC, within 14 days of being charged
Where D anticipated to plead not guilty, or likely to go to Crown Court for trial or sentence, within 28 days of being charged

Question 23

If a D is remanded into custody at first hearing and trial will take place in MC, when will first remand be? After that?

Answer 23

No more than 8 clear days, after the second appearance brought back every 28 days or fewer to remand them onwards.

Question 24

What are the mandatory factors that should be considered alongside the main three grounds?

Answer 24

1) Nature and seriousness of the offence and the likely sentence (long sentence - might be more likely to abscond).
2) Character of D, D’s antecedents, associations and community ties (e.g. D married with children might mean less likely to abscond).
3) D’s bail record in the past
4) Strength of the evidence (more chance of being acquitted = less likely to abscond).

Question 25

In what cases would specialist grounds of bail apply?

Answer 25

Serious cases with high penalties
Cases of particular characteristics (D would cause injury mental or physical to a partner or family member, or abuse of drugs).

Question 26

For serious cases with high penalties, how does bail apply?

Answer 26

Is D charged with (a) murder, (b) attempted murder, rape, attempted rape, serious sexual offences, manslaughter, or (c) offence carrying life imprisonment as max sentence.

(a) If D has previous con for (i) murder, attempted murder, (iii) rape, or (iv) a serious sexual offence: D may not be granted bail unless exceptional circumstances to justify. No previous con above = D not granted bail unless no significant risk of D causing offence likely to cause physical or mental injury.

(b) If D has previous con for (i) murder, attempted murder, (iii) rape, or (iv) a serious sexual offence: D may not be granted bail unless exceptional circumstances to justify. No pre-con = bail assessed on normal grounds.

(c) If D either (i) already on bail; and/or (ii) fails to attend having been on bail, D may not be granted bail unless there is no significant risk of further offences being committed or failure to attend.

Question 27

For cases with particular characteristics that affect risk, how does bail apply?

Answer 27

(a) offence against partner or family: D need not be granted bail is there are substantial grounds to believe D would commit an offence on bail (involving physical or mental injury) to an associated person (spouse, partner, family member).

(a) is only available for non-imprisonable offence is D arrested under s.7 for breach of bail.

(b) abuse of drugs: (i) test shows D has Class A drugs in body, (ii) offence relates to class A/caused or motivated by taking Class A drugs.
Court may not grant bail unless no significant risk of D committing offence on bail.

Question 28

How is bail approached when dealing with a case where there is a bail infringement?

Answer 28

If D was on bail at time of offence:
Indictable offence - ‘need not’ grant bail
Summary imprisonable - ‘need not’ if substantial grounds to believe D will commit further offences.