Chapter 3: Bail Applications at Court Flashcards
What happens if the defendant is denied bail by the police?
Defendant will be produced at the Magistrates’ Court for the next available hearing.
What happens at a bail hearing?
No prescribed procedure.
However, if there are objections to granting bail, the prosecution will generally outline the objections to bail first, and the defence will then present its arguments for bail + propose conditions to address any objections.
Why are the rules of evidence relaxed at a bail hearing?
Necessarily more relaxed as compared to an actual trial, as evidence has generally not yet been collected or served.
In rare cases, a witness might be called
What must the court do if bail is refused or if conditions are imposed?
The court must give its reasons for doing so in open court.
If the court refuses bail - the court will issue to the defendant a certificate of full argument
What is a certificate of full argument?
A document that states the court heard the full argument on the application for bail before it refused the application
What is the general presumption re bail?
Defendants have a general right to bail
When can a court remand a defendant into custody?
Only if it finds:
1. an exception to the right to bail applies and,
2. there is a real prospect of a custodial sentence being imposed if convicted
What are the exceptions to the right to bail?
- Substantial grounds objections (expand on this)
- Charged with offence an offence that can be tried in the Crown Court and were on bail at the time of the offence
- Custody is for their own protection
- Substantial grounds for believing that the D would commit an offence on bail that would cause (or cause fear of) physical/mental injury to an association person (spouses, (former) partners, children, and relatives of the defendant),
- They are already serving a custodial sentence,
- There is insufficient information to make a decision on bail, or
- They have failed to surrender or breached bail conditions in the same proceedings
What is the ‘substantial grounds’ objection to the right to bail?
There are substantial grounds for believing that the defendant would:
i. fail to surrender,
ii. commit further offences whilst on bail, or
iii. interfere with witnesses or otherwise obstruct justice
What will the court consider when deciding whether substantial grounds are made out?
Court will consider:
1. the nature and seriousness of the offence + probable method of dealing with it
- defendant’s character, previous convictions, associations, and community ties
- defendant’s record on complying with bail obligations
- strength of the evidence, and
- risk that the defendant might engage in conduct that would, or would be likely to, cause physical or mental injury to another.
When can the court attach conditions to bail?
If they are relevant, proportionate, and enforceable
What are common conditions attached to bail?
1 - requiring defendant to reside at specified address
2 - requiring defendant to report to local police station at specified intervals
3 - prohibiting the defendant from going to a particular area
4 - prohibiting the defendant from contacting certain, named individuals (e..g, victims/witnesses)
5 - requiring the defendant to comply with a curfew
6 - requiring the defendant to wear an electronic tag, and
7 - requiring the defendant to obtain a surety who can post security that will be forfeited if the defendant fails to surrender
Where are bail applications for charges of murder heard?
Can be heard only by a Crown Court Judge
What is the bail presumption in a murder case?
Presumption is the opposite of what it generally is.
A defendant charged with murder may not be granted bail unless there is no significant risk that the defendant would commit an offence likely to cause physical or mental injury to another.
When must court consider bail?
Court must consider bail at each hearing
