CLP 3 - Bail - presumption & Objection Flashcards
Is there a presumption that D is entitled to Bail?
Yes
When does the presumption of bail not apply?
- those appealing their conviction or sentence; or
- to defendants being committed for sentence from the Magistrates’ Court to the Crown Court.
What are the grounds for objection to bail for indictable cases?
- fail to attend a subsequent hearing (failure to surrender to custody);
- commit further offences on bail; and/or
- interfere with witnesses, or otherwise obstruct the course of justice eg witness intimidation or destruction of evidence.
What is the burden of proof for the grounds for objection to bail for indictable cases?
substantial grounds for believing that if granted bail, the defendant will behave in a way that the ground specifies.
It is only necessary to show that the fears of the behaviour happening have substance and merit.
What is a defence where the burden of proof for the grounds for objection to bail for indictable cases is met?
bail should not be removed under one of these grounds if the defendant is charged with an offence (or offences) where there are no real prospects’ of the defendant receiving a custodial sentence.
When can bail be refused for summary offences?
- has already breached bail
- failure to surrender conviction in the past
When else may the presumption of bail be over-ridden?
- defendant’s own protection;
- for the production of sufficient evidence; and/or
- the defendant is already serving a sentence in custody.
if so defendant need not be granted bail
When can D be given bail for Murder?
If D has a pre-con for:
- murder;
- attempted murder;
- rape; or
- a serious sexual offence,
D may not be granted bail unless there are exceptional circumstances to justify it
· If D does not fall into the above, D may not be granted bail unless there is no significant risk of D causing an offence likely to cause physical or mental injury
When can D be given bail for attempted Murder?
If D has a pre-con for:
- murder;
- attempted murder;
- rape; or
- a serious sexual offence,
D may not be granted bail unless there are exceptional circumstances to justify it
When can D be given bail for an offence carrying life imprisonment?
If D was either:
- already on bail;
and/ or
- fails to attend having been on bail,
D may not be granted bail unless there is no significant risk of further offences being committed or failure to attend
When can bail be denied for offenses against the family for imprisonable offences
if the court believes there are: substantial grounds to believe that D would commit an offence on bail by engaging in conduct that would, or would be likely to cause physical or mental injury to a family member.
When can bail be denied for offenses against the family for non-imprisonable offences
only if D is arrested under s.7 Bail Act for a breach of bail.
When can bail be denied for Abuse of drugs
Where:
- D has a Class A drug in D’s body; and
- offence relates to a Class A or was caused/ motivated by D taking Class A drugs
Court may not grant bail unless there is no significant risk of D committing an offence on bail.
What factors are considered when considering a bail application?
- the nature and seriousness of the offence
- strength of the evidence
- the character of the defendant,
. - bail record of the defendant
when considering the factors when considering a bail application, what are the elements that make up D’s character?
- Antecedents are previous convictions which can make a custodial sentence more likely.
- Character might include any personal circumstances such as drug addictions.
- Associations might include friends with criminal records.
- ‘community ties’ helps to see how easy it could be for the defendant to abscond and how much D has to lose by absconding. (If D is married with children or in a job then D might be less likely to ‘disappear’ compared to someone of ‘no fixed abode’).
