Bail / remand a defendant in custody

Question 1

What is the first thing to remind the court on an application for bail?

Answer 1

The defendant has a general right to bail

Question 2

What is the test for determining when bail can be refused?

Answer 2

1. An exception applies; and
2. Real prospect of a custodial sentence being imposed

Question 3

Bail need not be granted if the court is satisfied that there are ___________ _______ for believing that the defendant, if released on bail would do what 4 things?

Answer 3

substantial grounds

1. Fail to surrender to custody
2. Commit an offence while on bail
3. Interfere with witnesses
4. Otherwise obstruct the course of justice

Question 4

Bail also does not need to be granted by the court where the court believes there are substantial grounds that if released, D would commit an offence by engaging in conduct that would cause what 2 things?

Answer 4

1. physical or mental injury to an associated person; or
2. cause an associated person to fear physical or mental injury.

Question 5

Give examples of an associated person?

Answer 5

• Spouses and Civil Partners (including former ones)
• Cohabitants / former cohabitants
• Engaged partners
• Housemates
• Relatives

Question 6

Give examples of 5 factors to show existence of the substantial grounds

Answer 6

1. Nature and seriousness of the offence
2. D’s character (previous convictions?)
3. D’s record of complying with conditions on bail
4. Strength of evidence
5. D engaging in conduct that would or likely would cause injury to another

Question 7

If acting for the defence, what should you put forward to address any likelihood of an exception to bail applying?

Answer 7

Conditions

Question 8

Give examples of bail conditions

Answer 8

• Required place of residence
• Non-contact of certain persons
• Giving passport to the police
• Reporting to a police station
• Electronic tag / Curfew