C13: Bail Flashcards

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1
Q

What is bail?

A

The release of a person subject to a duty to surrender to custody in the future.

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2
Q

What is bail granted by the court governed by?

A

Bail Act 1976 and CrPR Part 14

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3
Q

What could be the punishment of not attending court when out on bail?

A

They commit a criminal offence and could be punished with a fine or imprisonment.

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4
Q

When will a defendant definitely not be granted bail by a Magistrates’ Court?

A

When the defendant is charged with murder. Murder bail can only be granted by a judge of the Crown Court.

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5
Q

What is the rebuttable presumption about bail?

A

s4 BA 1976 - A defendant has the continuing right bail, so if the court is unsure, they should be granted bail.

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6
Q

Which piece of legislation restricts the power to remand a defendant in custody? What does it say?

A

Legal Aid, Sentencing and Punishment of Offenders Act 2012 - the court can’t remand a defendant in custody if there is no prospect of imprisonment.

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7
Q

What are the two exceptions to the rule in LASPO 2012 of not remanding defendants in custody?

A
  1. domestic violence
  2. own protection
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8
Q

Which 2 pieces of legislation prevent the right to bail and in which situations?

A

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012):
1. domestic violence
2. own protection

Criminal Justice and Public Order Act 1994 (CJPOA 1994):
1. previous convicts of murder, manslaughter, rape and serious sexual offences, who have another one of these charges over them.

Also, if a charged person has a Class A drug in their body.

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9
Q

What are the reasons why the prosecution might oppose bail, apart from the legislative ones?

A

There are SUBSTANTIAL GROUNDS FOR BELIEVING the defendant would:

  • fail to surrender to custody
  • commit an offence whilst on bail
  • interfere with witnesses or obstruct the course of justice

Or if they are already in prison or skipped bail

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10
Q

What factors will the court consider when it comes to determining whether an exception to the right of bail exists?

A
  1. nature/seriousness of offence
  2. defendant’s character and community ties
  3. previous bail and whether they came to court
  4. strength of evidence against them
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11
Q

Which paragraphs of the BA 1976 are to do with exception of bail and factors to consider with bail? What is the difference?

A

para 2 = exceptions

para 9 = factors to consider

Grounds for refusing bail are para 2, para 9 can only inform decision.

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12
Q

What is a surety?

A

A person who promises to pay money, but has to pay if they don’t turn up to court.

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13
Q

What is a security?

A

Money that has to be paid for their release on bail.

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14
Q

What are some common conditions of bail?

A
  1. Staying at a specific address
  2. Curfew by electronic tagging
  3. Doorstep requirement
  4. Avoiding places
  5. Avoiding people
  6. Reporting to police station

To avoid absconding, further offences or interfering with witnesses.

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15
Q

Is breach of bail an offence?

A

No, but it can lead to imprisonment.

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16
Q

Following an alleged breach of bail, how long until they be brought before a Magistrates’ Court?

A

24 hours of their arrest, excluding Sundays. Otherwise they’d get released automatically.

17
Q

Can the person who failed to surrender to bail have a defence to this?

A

Yes they can offer a reasonable excuse, e.g. being ill on the day.

18
Q

What is the procedure at a bail hearing?

A
  1. Court decides case must be adjourned
  2. Prosecution addresses court and states why the defendant shouldn’t be granted bail, including exception in para 2 BA 1967 with reference to the reasons in para 9 BA 1967. + previous convictions.
  3. Defence addresses court and state why they should be granted bail, and suggests conditions of bail.
  4. Magistrates/judge retire for decision.
  5. They return and give reasons for decision.
19
Q

What are the three main stages of a bail hearing?

A
  1. SUBSTANTIAL GROUNDS defendant poses a risk?
  2. Outline EXCEPTION
  3. Will CONDITIONS mitigate?
20
Q

How many opportunities does the defendant have to apply for bail?

A

They have 2 opportunities to apply for bail. These are in the 1st and 2nd hearings.

If there is a change in circumstances, then they can have another opportunity.

21
Q

What can a defendant do when they are refused bail twice but want to appeal?

A

They can apply for bail to be reconsidered by a Crown Court judge.

This can’t be appealed, but the High Court can judicially review the decision if it was irrational.

22
Q

Which Act gives the prosecution limited right of appeal?

A

Bail (Amendment) Act 1993

23
Q

What are the limits rights of appeal for bail given to the prosecution under B(A)A 1993?

A

Where a Magistrates’ Court or Crown Court judge has granted bail for an imprisonable offence, the prosecution must:
- give oral notice of intent to appeal at the end of the hearing
- give written notice from the CPS within two hours
- also serve notice on the defence

24
Q

What happens to the defendant once the prosecution has served a notice of intent to appeal for bai?

A

They are kept in custody pending the outcome of the appeal.

25
Q

Can the prosecution appeal bail decisions twice? E.g. Magistrates’ Court decision and then Crown Court’s decision to the High Court?

A

No, they cannot.

26
Q

Can prosecution apply to review bail if fresh information comes to light?

A

Yes, they can.

27
Q
A