Court Bail Flashcards
When will a prisoner get court bail?
If they have been arrested and taken before the court
Or has appeared before the court to answer police bail or summons
Who is responsible for court bail?
Bail become the responsibility of the courts
If bailed the prisoner is on court bail
What are some of the more common court bail conditions?
Report to a specified police station at a specific time
Surrender Passport
Restrict their movements
Make reasonable conditions so they appear in court, do not interfere with witness, commit further offences
What happens if the defendant breached court bail conditions?
They will be arrested and brought before the courts for bail to be reconsidered.
There is no penalty for breaching bail conditions
What happens if the defendant fails to answer court bail?
If the defendant fails without reasonable excuse to attend personally at the time and location specified in the court bail, there will be a warrant issued for their arrest.
The defendant may also be charged with failing to answer court bail
When would police oppose court bail?
W.O.T.V.P
What does W.O.T.V.P stand for?
WITNESSES / fears witness will be harassed or their evidence interfered with
Commit OFFENCES / they are likely to commit offences while on bail
TRANSIENT / no fixed abode and do not believe attendance in court
VIOLENCE / Arrested for violence and they threatening it to continue
PROPERTY could be disposed of before police locate it.
Who’s views must be considered before granting court bail?
Victims views must be considered and disclosed
What if the victim has concerns?
On application for bail, the prosecutor should tell the court of any fears held by the victim about the offender’s release on bail.
