CLP Bail Application

Question 1

Application against Bail: made by CPS

Answer 1

Structure of application

1. Remind the court of the defendant’s right to bail: bail can only be refused if one of the grounds of objection apply AND there is a real prospect of custodial sentence
2. Real prospect of custodial sentence
3. Grounds for objection: there must be SUBSTANTIAL ground for believing that…
4. Review the factors in deciding whether substantial grounds exist / do not exist
5. Why would none of the conditions alleviate the court’s concerns?

Question 2

What are the grounds for objecting bail?

Answer 2

There must be substantial grounds for believing that…
a) Indictable offences: (a) failure to surrender; (b) interfere with witnesses; (c) commit further offences

b) Summary offences: presumed unless (a) breaches of condition and (b) conviction for failure to surrender in the past

c) Additional: ‘need not be granted bail’ for (a) D’s own protection, (b) not enough evidence for this issue, (c) already serving evidence in custody

Question 3

What are the factors for deciding whether substantial grounds exist / don’t exist?

Answer 3

‘There are substantial grounds for believing that if granted bail, you would [commit further offences]. I take this view on the seriousness of the offences before me and your previous convictions’.

• Nature and seriousness of the offence
• Character of the defendant. e.g., previous convictions, associations
• Amount of evidence
• Past convictions / bail convictions

Question 4

Application for bail: Defendant’s lawyer

Answer 4

Opening: I am grateful to my friend for setting out the prosecution’s position in this bail application and setting out the factual background. Judge, I don’t have anything to add to the facts, unless I can assist you further with any particular detail.

Question 5

Structure for Defendant’s application FOR Bail

Answer 5

1. Remind the court of what the prosecution is seeking to rely on. Say you will rebut each in turn (submissions arise in opposition) - signposting
2. Remind the court of the general right to bail
3. Prosecution grounds for objection (there must be substantial grounds for believing that… [list grounds])
4. Review the factors in turn and show how the substantial grounds do not exist, with reference to following factors:
   - nature and seriousness of offence
   - character of defendant
   - amount of evidence
   - past convictions / bail convictions

Conclude this point: i.e. there are no reasons to believe Defendant would ‘not attend court / interfere with a witness’

5. However, conditions can be put forward to address the issues of the prosecution and defendant is willing to do so.
   - Conditions - must be relevant, proportionate and enforceable
6. Additional information that might help application (e.g., Defendant’s personal situation)
7. Conclude