Criminal - Bail Application Flashcards
What is the presumptive position with regard to bail?
There is a general presumption of bail. S4 the Bail Act.
What are the exceptions to the general presumptions of bail?
1) Rape, Murder, Manslaughter, Attempted Murder (other than in ‘exceptional circumstances’).
2) Defendant already on bail (over 18 only).
3) Previously granted bail and refused to surrender (over 18 only).
4) Tested positive for class a drugs, and refuses to be assessed or attend rehab; or, offending believed to be due to drug dependency and Defendant refuses assessment or rehab.
What is the ‘stepped approach’ to bail?
1) The starting point is unconditional bail.
2) The next step is conditional bail.
3) The final step is a refusal of bail, remand in custody.
What are the rebuttals to the presumption of bail set out in Schedule 1 of the Bail Act 1976?
1) The case has been adjourned for a Pre-Sentence Report and it isn’t practical to complete the Pre-Sentence Report unless the defendant is remanded.
2) The Defendant has been charged with an indictable offence and there is a real prospect of a custodial sentence being made.
3) The Defendant is already on bail for another offence and has been charged with an indictable offence.
4) The Defendant fails to surrender to custody or breaches bail conditions.
5) The Defendant is already serving a custodial sentence.
6) The Court is satisfied the Defendant should be held on remand for their own protection.
7) The court is satisfied that there is not sufficient information to make a decision under the Bail Act 1976.
8) There are substantial grounds to believe the Defendant will:-
i) Fail to Surrender;
ii) Commit an offence on Bail; or
iii) Interfere with witnesses or otherwise obstruct justice.
What are the Paragraph 9 factors, as set out in Schedule 1 of the Bail Act 1976?
1) The nature and seriousness of the offence.
2) Character, record, associates, and community ties.
3) Bail record.
4) Strength of Evidence.
5) Risk of conduct harmful to others if released on bail.
6) Any other relevant factor.
If Bail is refused, can the Defendant appeal?
Yes, but only 1 further bite of the cherry, unless there is a change in circumstances.
The Bail Act 1976, Schedule 1 Part 2A.
Can the prosecution appeal against a grant of bail?
Yes, but only if they opposed bail before it was granted.
The Bail (Amendment) Act 1993.
Can bail be reconsidered?
Yes, but must be based on new information.
The Bail Act 1976 S. 5B.
Can an application to vary bail conditions be made?
Yes, but only with good reason.
Application to vary bail conditions must be made to the same court that granted bail, or to the Crown Court.
Criminal Procedure Rules 14.7.
Is there a presumption of bail post-conviction?
No. Any grant of bail post-conviction is entirely at the Courts Discretion.
