C13: Bail Flashcards
What is bail?
The release of a person subject to a duty to surrender to custody in the future.
What is bail granted by the court governed by?
Bail Act 1976 and CrPR Part 14
What could be the punishment of not attending court when out on bail?
They commit a criminal offence and could be punished with a fine or imprisonment.
When will a defendant definitely not be granted bail by a Magistrates’ Court?
When the defendant is charged with murder. Murder bail can only be granted by a judge of the Crown Court.
What is the rebuttable presumption about bail?
s4 BA 1976 - A defendant has the continuing right bail, so if the court is unsure, they should be granted bail.
Which piece of legislation restricts the power to remand a defendant in custody? What does it say?
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.
What are the two exceptions to the rule in LASPO 2012 of not remanding defendants in custody?
- domestic violence
- own protection
Which 2 pieces of legislation prevent the right to bail and in which situations?
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.
What are the reasons why the prosecution might oppose bail, apart from the legislative ones?
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
What factors will the court consider when it comes to determining whether an exception to the right of bail exists?
- nature/seriousness of offence
- defendant’s character and community ties
- previous bail and whether they came to court
- strength of evidence against them
Which paragraphs of the BA 1976 are to do with exception of bail and factors to consider with bail? What is the difference?
para 2 = exceptions
para 9 = factors to consider
Grounds for refusing bail are para 2, para 9 can only inform decision.
What is a surety?
A person who promises to pay money, but has to pay if they don’t turn up to court.
What is a security?
Money that has to be paid for their release on bail.
What are some common conditions of bail?
- Staying at a specific address
- Curfew by electronic tagging
- Doorstep requirement
- Avoiding places
- Avoiding people
- Reporting to police station
To avoid absconding, further offences or interfering with witnesses.
Is breach of bail an offence?
No, but it can lead to imprisonment.