Bail – Procedure Flashcards
What does Section 4 Bail Act 1976 establish?
A. There is a presumption in favour of bail unless objections are made out.
B. Defendants have no right to bail unless they can prove exceptional circumstances.
C. Only magistrates can grant bail for indictable offences.
D. Bail is only available for summary offences.
A. There is a presumption in favour of bail unless objections are made out.
📖 Explanation: Section 4 Bail Act 1976 states that bail must be granted unless the prosecution successfully raises a valid legal objection.
Which of the following is NOT a valid ground for refusing bail?
A. Risk of failure to surrender.
B. Risk of committing further offences.
C. The defendant’s family background.
D. Risk of interfering with witnesses.
C. The defendant’s family background.
📖 Explanation: Bail objections must be based on legal grounds such as failure to surrender, risk of further offences, or interference with witnesses. Family background alone is not a legal ground.
Which of the following cases would NOT be subject to the presumption of bail?
A. A defendant accused of theft.
B. A defendant accused of common assault.
C. A defendant accused of fraud.
D. A defendant appealing their conviction or sentence.
D. A defendant appealing their conviction or sentence.
📖 Explanation: The presumption of bail does not apply to appeals against conviction or sentence, though bail may still be granted.
What is a possible outcome when a defendant breaches bail conditions?
A. They are automatically remanded in custody.
B. Their bail is cancelled, and they must remain in custody until trial.
C. The breach has no consequences unless the prosecution objects.
D. The police may arrest them and bring them before the court.
D. The police may arrest them and bring them before the court.
📖 Explanation: Section 7 Bail Act 1976 allows the police to arrest a defendant for breaching bail conditions. The court then decides whether to reimpose, vary, or revoke bail.
A defendant is charged with burglary and has a history of failing to attend previous court hearings. The prosecution objects to bail. Which is the strongest argument?
A. The defendant’s criminal record.
B. Risk of failure to surrender.
C. The seriousness of the charge alone.
D. The defendant’s financial situation.
B. Risk of failure to surrender.
📖 Explanation: A history of failing to attend court is a key reason for denying bail, as it indicates the defendant may abscond again.
A defendant is accused of domestic abuse against their partner. The prosecution objects to bail. What is the best legal ground?
A. The seriousness of the charge.
B. Risk of causing physical or mental injury to an associated person.
C. The defendant’s lack of remorse.
D. The defendant has no employment.
B. Risk of causing physical or mental injury to an associated person.
📖 Explanation: In domestic abuse cases, bail can be refused if there are substantial grounds to believe the defendant may harm their partner.
A defendant is charged with possession of Class A drugs and fails a drug test. What is the likely bail outcome?
A. The court cannot consider drug use when deciding bail.
B. Bail must be granted under the presumption of bail.
C. Bail may be refused unless there is no significant risk of reoffending.
D. The defendant’s drug use is only relevant at sentencing.
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 demonstrate they are unlikely to reoffend.
A defendant charged with minor shoplifting (£50 value) is denied bail. Which is the best argument for the defence?
A. The defendant can provide a financial surety.
B. The defendant is unlikely to interfere with witnesses.
C. The seriousness of the offence does not justify refusal of bail.
D. The defendant is willing to wear an electronic tag.
C. The seriousness of the offence does not justify refusal of bail.
📖 Explanation: Low-value shoplifting does not typically justify denying bail unless there are additional concerns, such as a history of failing to surrender.
A defendant is charged with murder. Under what circumstances can they be granted bail?
A. If they have strong community ties.
B. If the prosecution does not object to bail.
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 (£600,000 value) is already 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.
B. Bail can only be denied if there is a risk of violence.
C. The defendant’s financial background is irrelevant.
D. Bail may be refused due to a risk of committing further offences.
D. Bail may be refused due to a risk of committing further offences.
📖 Explanation: Fraud offences often indicate a risk of reoffending, especially if the defendant has a history of similar crimes.
A defendant accused of common assault has no previous convictions. The prosecution argues he is a danger to the public. What is the best defence argument?
A. The defendant can afford to post a financial surety.
B. The defendant has a good employment record.
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.
