bail/first hearings (week 3) Flashcards
what is the general presumption of bail?
that D should be granted bail
what is adjournment?
where D has been presented to court and court cannot conclude the case in one hearing, the case will be adjourned. (applies to the case NOT the D)
what is remand?
D is sent away and told to come back another day. D is obliged to come back to court to continue with the case. Can either serve it in custody, or serve it on bail.
who applies for remand in custody?
prosecution
what is the only exception where CC grant bail?
murder cases = only CC can grant bail
when does the right to bail not apply? (2 situations)
Those appealing their conviction or sentence; or
To defendants being committed for sentence from the magistrates court to the crown court
what are objections to bail being granted called?
grounds of objection
what are the three primary grounds for objecting to bail? (indictable offences)
- fail to attend a subsequent hearing
- commit further offences on bail
- interfere with witnesses, or otherwise obstruct the course of justice
when is bail refused for a summary offence? (2 reasons)
- breach condition of bail
- fails to surrender in the past
when should bail ‘need not’ be granted? (3 grounds)
- for D’s own protection
- court has insufficient info to deal with the issue of bail and so is remanded into custody for a short period for the production of sufficient evidence
- D is already serving a sentence in custody
what are the mandatory factors which need to be considered when considering the grounds for objecting to bail? (there are 4)
(a) Nature and seriousness of the offence and the likely disposal
(b) The character of the D, antecedents, associations and community ties
(c) The defendant’s bail record in the past
(d) Strength of the evidence
what does antecedents mean?
refers to previous convictions which can make a custodial sentence more likely
what are common bail conditions?
residence, curfew, reporting, surety, security, restrictions on D’s movements or who they can contact, electronic monitoring, bail host, surrender of passport
what is surety?
a person who has influence over D agrees to pay a sum of money if D absconds.
what is security?
either D or someone else puts up money or valuable item to be forfeited if D doesn’t answer bail or attend court. securities are deposited with the court or police before the D is granted bail.
who can vary bail conditions?
defence or the prosecution
when is there a power to arrest (breaching bail conditions)?
S7 of bail act provides power to arrest allowing officers to arrest those who are either in breach or who are about to be so
what is the general bail attempts rule?
the general rule is that a D who is having a trial in the magistrates’ court can have 2 attempts at getting bail at the magistrates’ court, and one attempt on appeal on the crown court.
what is the time limit for remanding a person in custody for trials in magistrates court of summary only or either way offences?
56 days for trials in the magistrates court of summary only or either way offences
what is the time limit for remanding a person in custody for trials in crown court for indictable offences or either way offences?
182 days for trials in the crown court of indictable only or either way offences
