Bail – Presumption and Objections Flashcards
What is the general presumption under Section 4 Bail Act 1976?
A. Defendants have a right to bail unless an objection is made out.
C. Bail is only granted to first-time offenders.
D. Bail decisions are entirely at the discretion of the judge.
A. Defendants have a right to bail unless an objection is made out.
📖 Explanation: Section 4 Bail Act 1976 establishes a presumption in favour of bail, meaning bail must be granted unless the prosecution successfully argues a legal objection.
Which of the following is NOT a valid ground for refusing bail?
A. The defendant has no fixed address.
C. The seriousness of the charge alone.
D. The defendant may interfere with witnesses.
C. The seriousness of the charge alone.
📖 Explanation: The seriousness of the offence can be considered alongside other objections but on its own is not a valid reason to refuse bail.
In which of these situations does the right to bail NOT apply?
A. A person appealing their conviction or sentence.
C. A person accused of a summary offence.
D. A person awaiting trial.
A. A person appealing their conviction or sentence.
📖 Explanation: The right to bail does not apply to those appealing a conviction or sentence. However, bail can still be granted but is not presumed.
Which of the following is NOT a factor considered when determining bail?
A. Defendant’s previous bail record.
C. The judge’s personal opinion of the defendant.
D. The strength of the evidence against the defendant.
C. The judge’s personal opinion of the defendant.
📖 Explanation: Bail decisions must be based on objective factors such as criminal record, risk of absconding, or risk of reoffending. A judge’s personal opinion is irrelevant.
A defendant is charged with burglary and has previously failed to appear at a court hearing. The prosecution objects to bail. Which ground are they likely to rely on?
A. The seriousness of the charge.
C. The defendant’s lack of remorse.
D. Failure to surrender.
D. Failure to surrender.
📖 Explanation: A history of failing to appear in court is a strong indicator that a defendant may abscond again, making it a valid objection to bail.
A defendant is arrested for assaulting his partner. The prosecution objects to bail, stating that he may harm her again. What is the most appropriate ground?
A. The seriousness of the charge.
C. Risk of causing physical or mental injury to an associated person.
D. The defendant has no fixed address.
C. Risk of causing physical or mental injury to an associated person.
📖 Explanation: In domestic violence cases, bail can be refused if there are substantial grounds to believe the defendant may cause harm to their partner.
A defendant is charged with a minor shoplifting offence (value £10). The prosecution objects to bail. Which argument is likely to fail?
A. The seriousness of the offence.
C. Defendant has a history of reoffending while on bail.
D. Defendant has previously failed to surrender.
A. The seriousness of the offence.
📖 Explanation: Low-value shoplifting is not serious enough to justify refusing bail on its own. However, repeat offences or failure to surrender could be valid objections.
A defendant charged with supplying Class A drugs tests positive for heroin use. What is the likely bail outcome?
A. Bail must be granted under the Bail Act 1976.
C. Bail may be refused unless there is no significant risk of reoffending.
D. The court cannot consider drug use when deciding bail.
C. Bail may be refused unless there is no significant risk of reoffending.
📖 Explanation: Drug-related offences create a presumption against bail unless the defendant can prove they are unlikely to offend while on bail.
A defendant is charged with murder. Under what circumstances can they be granted bail?
A. If they have strong community ties.
C. If the judge believes they will attend trial.
D. If there are exceptional circumstances.
D. If there are exceptional circumstances.
📖 Explanation: Murder cases have stricter bail rules, and bail can only be granted in exceptional circumstances by a Crown Court Judge.
A defendant accused of fraud (value £600,000) is on bail for a previous fraud offence. What is the most likely bail decision?
A. Bail must be granted due to the presumption in favour of bail.
C. Bail may be refused due to a risk of committing further offences.
D. The defendant’s financial background is irrelevant.
C. Bail may be refused due to a risk of committing further offences.
📖 Explanation: High-value fraud cases often indicate a risk of reoffending, especially if the defendant has a history of similar offences.
A defendant is charged with common assault. The prosecution argues they are a danger to the public, but they have no previous convictions. Which is the best defence argument for granting bail?
A. The defendant can afford to post a financial surety.
C. The offence is not serious enough to justify refusing bail.
D. The defendant has expressed remorse.
C. The offence is not serious enough to justify refusing bail.
📖 Explanation: Common assault is a low-level offence, making it unlikely that bail will be denied on the grounds of public safety.
