CLP 13 - Bail Flashcards

1
Q

What is the difference between adjournment and remand?

A

Adjournment delays the case; remand means the defendant must return, either on bail or in custody.

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2
Q

Who must apply to remand a defendant in custody?

A

The prosecution.

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3
Q

What is the general position regarding bail?

A

There is a presumption in favour of bail.

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4
Q

Who makes the first bail decision?

A

The magistrates’ court, unless it’s a murder case (Crown Court).

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5
Q

When does the right to bail NOT apply?

A
  • When appealing conviction/sentence
  • When committed for sentence from magistrates to Crown Court
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6
Q

What are the three main statutory grounds for objecting to bail?

A
  • Risk of failing to surrender
  • Risk of committing further offences
  • Risk of interfering with witnesses/obstructing justice
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7
Q

What must be shown to deny bail for indictable offences?

A

Substantial grounds to believe the defendant would:
* Fail to attend
* Commit further offences
* Interfere with witnesses

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8
Q

Is the standard of proof high in bail hearings?

A

No – it’s a factual enquiry, not a trial; hearsay is allowed.

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9
Q

Can bail be refused for an offence unlikely to lead to imprisonment?

A

No – bail cannot be refused in such cases.

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10
Q

When can bail be denied for summary offences?

A
  • Breach of bail conditions
  • History of failing to surrender
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11
Q

When is bail for murder, attempted murder, rape, etc. refused unless exceptional circumstances exist?

A
  • If D has a pre-con for murder, attempted murder, rape, or serious sexual offence
  • Or D is charged with murder (Crown Court judge must decide)
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12
Q

When can bail be denied in domestic abuse cases?

A

If substantial grounds exist that D would likely cause mental or physical injury to a partner or family member.

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13
Q

When can bail be denied for drug-related offences?

A
  • If D has a Class A drug in their system
  • Offence is related to or motivated by taking Class A drugs
  • Bail must not be granted unless no significant risk of reoffending
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14
Q

What factors relate to the risk of failing to surrender?

A
  • Nature and seriousness of offence
  • Community ties
  • Past bail record
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15
Q

What factors relate to committing further offences?

A
  • Criminal record
  • Past offences on bail
  • Personal circumstances (e.g., drug use)
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16
Q

What factors relate to interfering with witnesses?

A
  • Strength of the evidence
  • D’s previous behaviour
  • Character and associations
17
Q

What must bail conditions be?

A

Relevant, proportionate, and enforceable.

18
Q

List common bail conditions.

A
  • Residence at fixed address
  • Curfew
  • Reporting to police
  • Surety or security
  • Passport surrender
  • Tagging
  • Restrictions on contact/movement
  • Bail hostel residence
19
Q

Who can apply to vary bail conditions?

A

Either party (defence or prosecution), with notice.

20
Q

What happens if bail conditions are breached?

A
  • Arrest under s.7(3) Bail Act 1976
  • May result in tighter conditions or remand in custody
21
Q

Is breaching bail conditions a criminal offence?

A

No – but failing to surrender is.

22
Q

What are the penalties for failing to surrender?

A
  • Magistrates: Up to 3 months + unlimited fine
  • Crown Court: Up to 12 months + unlimited fine
23
Q

What happens when police refuse bail?

A

D appears before magistrates’ court ASAP in custody.

24
Q

How many bail applications can D make in the magistrates’ court?

25
Q

What must prosecution do if they intend to appeal bail?

A
  • Oppose bail in court
  • Announce appeal intention
  • Submit written notice in 2 hours
  • Ensure hearing within 48 hours (excl. weekends)
26
Q

What if D wants to appeal magistrates’ refusal?

A
  • Apply to Crown Court
  • Must wait one week OR go early and lose second application
27
Q

What is the CTL for magistrates’ court trials?

28
Q

What is the CTL for Crown Court trials?

A

182 days, minus time already spent in custody.

29
Q

When must a trial be deemed to have started?

A
  • Magistrates: When prosecution evidence is heard
  • Crown Court: When jury is sworn in
30
Q

What must prosecution prove to extend CTL?

A
  • Due diligence and speed
  • Good reason to extend custody
31
Q

How long can a first remand last in magistrates’ court?

A

8 clear days.

32
Q

What happens after the second appearance in court?

A

D returns every 28 days until trial.

33
Q

Can D appear via video link for remand hearings?

A

Yes – D is legally considered present.

34
Q

Can D consent to be absent for future remand hearings?

A

Yes, to reduce congestion and delay.