Bail - Grounds - Level of proof - specific crimes Flashcards
When can bail be refused for summary offences?
- has already breached bail
- failure to surrender conviction in the past
When else may the presumption of bail be over-ridden?
- defendant’s own protection;
- for the production of sufficient evidence and/or
- the defendant is already serving a sentence in custody.
if so defendant need not be granted bail
When can D be given bail for Murder?
If D has a pre-con for:
- murder;
- attempted murder;
- rape; or
- a serious sexual offence,
D may not be granted bail unless there are exceptional circumstances to justify it
· If D does not fall into the above, D may not be granted bail unless there is no significant risk of D causing an offence likely to cause physical or mental injury
When can D be given bail for attempted Murder?
If D has a pre-con for:
- murder;
- attempted murder;
- rape; or
- a serious sexual offence,
D may not be granted bail unless there are exceptional circumstances to justify it
When can D be given bail for an offence carrying life imprisonment?
If D was either:
- already on bail;
and/ or
- 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
When can bail be denied for offenses against the family for imprisonable offences
if the court believes there are: substantial grounds to believe that D would commit an offence on bail by engaging in conduct that would, or would be likely to cause physical or mental injury to a family member.
When can bail be denied for offenses against the family for non-imprisonable offences
only if D is arrested under s.7 Bail Act for a breach of bail.
When can bail be denied for Abuse of drugs
Where:
- D has a Class A drug in D’s body; and
- offence relates to a Class A or was caused/ motivated by D taking Class A drugs
Court may not grant bail unless there is no significant risk of D committing an offence on bail.
