Bail (Crim L) Flashcards
To whom does the right to bail not apply? I.e. bail can be granted but the presumption doesn’t apply
Those appealing their conviction or sentence
To Ds being committed for sentence from MC to Crown Court
On what grounds can the prosecution object to bail?
Indictable cases
Summary Cases, Imprisonable
Summary Non-Imprisonable
What are the 3 primary grounds for indictable offences and bail?
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
What does ‘substantial grounds’ mean for determining bail?
The fears of the behaviour happening have substance and merit
When can a ground of objection to bail not succeed however, even if satisfied?
Where there are no real prospects of the D receiving a custodial sentence
What is the general rule regarding summary offences and objections?
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
After the main 3 grounds for not granting bail, what are the next most important grounds to consider?
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
What duty is a person granted bail in criminal proceedings under?
A duty to surrender to custody, by attending court at time and date specified
A duty to surrender to custody, by attending court at time and date specified
Relevant, proportionate and enforceable
Can applications be made to vary bail conditions and by who? What must be done?
Yes
By either party on advance notice to the other party
Application should be made to court which granted bail
Who applies for bail and when?
Defence, once prosecution objection to bail has been raised
What custody time limits are there?
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
When must a trial commence by?
Before the expiry of the custody time limit
What happens if the custody time limit expires without a trial being commenced?
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
What is the general rule regarding further applications for bail?
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
For a prosecution to appeal against the granting of bail by a MC, what must they have done? When is the appeal heard by?
Must have opposed bail originally
Offence must be punishable by imprisonment. Appeal is heard within 48 hours (excluding weekends)
What type of offence is breach of bail?
An arrestable offence
Not a criminal one!
What may happen if bail conditions are breached?
Could be arrested and D at risk of either having conditions tightened or being remanded in custody
Can officers arrest those who are about to be in breach of bail conditions?
Yes
What is the only breach of bail conditions that is a criminal offence?
Failing, without reasonable cause, to surrender to custody
Where is the first hearing for all offences?
MC
Where the D is on bail, when must the first hearing be?
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
If a D is remanded into custody at first hearing and trial will take place in MC, when will first remand be? After that?
No more than 8 clear days, after the second appearance brought back every 28 days or fewer to remand them onwards.
What are the mandatory factors that should be considered alongside the main three grounds?
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).
