Contested Bail Procedure + Appeals

Question 1

what is the procedure where bail is contested? (5)

Answer 1

1. P provides all material information in its possession
2. P applies for D to be remanded in custody (inc. grounds + reasons)
3. D makes bail application + responds to P’s points + may suggest conditions
   o May hear evidence from someone who supports D’s application
4. MC will make a decision (inc. any conditions) + hear evidence from any surety
5. D given record of decision + (if refused/condition granted) certificate of argument. P given record on request

Question 2

how many bail applications can D make and on what basis?

Answer 2

D’s 1st + 2nd application can be on the same basis, 3rd (+ subsequent) must be on new factual or legal arguments

Question 3

what happens once the case is sent to the CC? What will D need to do?

Answer 3

MC has no jurisdiction to hear bail once sent to CC.

D will need to apply at next hearing or appeal MC decision (quicker)

Question 4

if D is appealing, when should they do this? Why?

Answer 4

D should appeal once they have made all possible bail applications (likely 2 or 3)

This is standard practice because it gives D the maximum opportunities to present their case for bail

Question 5

when can D lodge an appeal against MC’s decision to refuse bail?

Answer 5

once D has certificate of judgment.

Question 6

on what basis can D appeal MC’s decision?

Answer 6

they can appeal the refusal or conditions on the same basis as earlier applications

Question 7

what is the procedure where D is appealing? (3)

Answer 7

1. D serves notice of application asap on CC, MC, P & any surety (inc. proposed). P states if they object + why.
2. CC should hear app as soon as practicable and no later than 1 business day after served (unless court directs otherwise)
3. Appeal heard by judge in chambers. Judge can refuse or grant (inc. conditions)

Question 8

on what basis can P appeal MC’s decision?

Answer 8

P can only appeal if D charged with an imprisonable offence + there is ‘grave concern’

Question 9

what is the procedure where P is appealing? (3)

Answer 9

1. P must give oral notice at the end of the hearing before D is released from custody.
2. Must be confirmed in writing + served on D within 2 hours.
3. CC must hear the appeal within 2 business days (unless court directs otherwise). Judge can refuse or grant bail (inc. conditions)