Bail or Custody.

Question 1

What is the definition of bail (and section)?

Answer 1

The release from custody subject to a duty to surrender to custody at a later date. S.3 Bail Ac 1976.

Question 2

When can bail be granted?

Answer 2

1. Pre-charge (police bail).
2. Post-charge (bail to court).
3. Court bail (granted by court).

Question 3

What is the competing interests issue?

Answer 3

The presumption of innocence until proven guilty and the protection of the public.

Question 4

What section is the prima facie right to bail?

Answer 4

S.4 Bail Act 1976.

Question 5

What are the Sch1 Grounds?

Answer 5

1. FTS.
2. Further offending.
3. Interfere with witnesses or the course of justice.

Question 6

What are the limitations on the grounds (and section)?

Answer 6

Part 1A:
1. D is over 18.
2. No real prospect of custodial sentence.

Question 7

What are the Sch 1 para 9 factors?

Answer 7

1. Nature and seriousness.
2. Character, antecedents, associations and community ties.
3. Past bail record.
4. Strength of evidence.

Question 8

When is conditional bail granted?

Answer 8

If necessary to prevent common para 2 grounds.

Question 9

What are the types of conditions that can be imposed?

Answer 9

1. FTS = Sureties, reporting to station, surrender passport.
2. Further offending = Curfew, tags, bail hostel.
3. Interfere with witnesses = exclusion zone.