CLP Wrong answers

Question 1

General right to bail

Answer 1

When a person is brought before a court in relation to an offence, he must be granted bail without conditions, if none of the exception to bail apply.

Question 2

Exceptions to right to bail

Answer 2

1) An association person to fear physical or mental injury. (Associated person - relative, spies. civil partner/ cohabitants/ those in an intimate relationship of a great duration).

2) Cause physical or mental injury to an associated person.

Question 3

Exceptions to right to bail

Answer 3

Where you should be kept in custody for you own protection.

Question 4

Exceptions to right to bail

Answer 4

It is impracticable to complete inquiries without keeping you in custody. (E.g. Pre sentence reports are being prepared after a conviction).

Question 5

Exceptions to right to bail

Answer 5

There are grounds that would fail to surrender, commit an offense on bail or interfere with witnesses.

Question 6

Exceptions to right to bail

Answer 6

You were already on bail when the alleged offense was committed.

Question 7

Exceptions to right to bail

Answer 7

Having previously been release on bail, you have been arrested for failing to surrender or breaching bail condition.

Question 8

Considerations to bail

Answer 8

1) The serious nature and seriousness of offense
2) Your character, previous convictions and community ties.
3) Your previous record of being granted bail.
The strength of evidence against you.
4) The risk that you engage to cause physical and mental injury.

Question 9

What happens if no exceptions to bail applies?

Answer 9

You must be granted unconditional bail.

If there are exceptions: Conditions to bails should be imposed:
1) Necessary
2) Certain
3) Enforceable
4) Proportionate to the identified bail risk.

The must be a real risk in question e.g. commit.

Question 10

Where is there no right to bail?

Answer 10

1) Murder
2) Homicide or rape where there is a previous similar conviction.
3) Cases involving drug users who test positive for class A drugs.

Question 11

Where is there an absolution right to bail?

Answer 11

Where the maximum for time period for holding you has run out.

Question 12

What are the time limits for holding someone before bail?

Answer 12

Maximum to crown court: 70 days between the defendants first appearance in magistrates courts and sending to the crown court.

Summary only offense: 56 days to the trial.

Crown court: trial to arraignment. 112 days.

Summary only offence: 182 days maximum they can hold you when an offense is sent straight to crown court.