Criminal Litigation - Bail and ID Evidence Flashcards
1.
When does the presumption in favour of bail not apply? 3 situations.
- When D has been previously convicted of, and is currently charged with, a specified offence
- Police bail when D is charged at the police station
- After conviction in the MC
What are the usual three grounds used to refuse bail to a D charged with an imprisonable offence? What factor greatly increases the chances that one of these grounds will be engaged?
Substantial grounds to believe that D would:
1. Fail to surrender to custody
2. Commit an offence while on bail
3. Interfere with witnesses or otherwise obstruct the course of justice
These grounds much more likely to be present if D previously did any of the above while on bail
What special test applies for bail when D is charged with murder?
Court must be satisfied there is no significant risk of D causing physical or mental injury to another person
Name the 5 categories of “Paragraph 9 factors” when considering a bail application
- Nature, seriousness and probable sentence of the offence
- D’s character, record, associates and community ties
- D’s bail record
- Strength of evidence against D
- Whether substantial grounds to believe that D, if released on bail, would commit an offence
What are the 4 permissible reasons to attach conditions to bail?
Necessary to ensure that:
1. D will surrender to custody
2. D will not commit further offences
3. D will not obstruct the course of justice
4. D is protected
What happens when D is arrested for a suspected breach of bail conditions? 2 points
- D must be brought before a magistrate within 24 hours of arrest, excluding days when the court does not sit
- Breach of bail condition is not itself an offence, but may cause D to remand D in custody or impose more onerous conditions
What options are open to D if court refuses his first bail application?
Only entitled to make one further application based on the same facts or legal arguments unless there is a CHANGE IN CIRCUMSTANCES
If D is refused bail, how long can he be remanded without their consent?
Max 28 days - only applies if MC has set a date for next stage of proceedings and ruled that D should be remanded in custody until that date
What are the 3 procedural rules surrounding P’s right to appeal against a grant of bail?
- Give oral notice of appeal followed by written notice within 2 hours
- MC must remand D in custody pending appeal
- CC must hold a complete rehearing ASAP and no later than second business day after service of the appeal notice
When may P appeal to the High Court with respect to a bail decision?
Where a CC judge grants bail to a person charged with or convicted of an imprisonable offence
When does the court have the power to RECONSIDER a grant of bail (2 conditions)?
- Offence is indictable
- Application is based on info not available to the court or police at the previous hearing
Define the offence of absconding.
D was released ON BAIL and (2) WITHOUT REASONABLE EXCUSE to surrender to custody at the time and date specified in the bail notice OR (2) having a reasonable excuse for failing to surrender on time, failing to surrender as soon as reasonably practicable thereafter
Is an appellant entitled to apply for bail?
Yes, but there is no presumption in favour of bail for an appellant seeking bail pending the determination of an appeal
CC and CA can grant bail pending appeal against conviction or sentence
When can the presumption of bail be disapplied for drug-related reasons?
- D tested positive to** Class A drug use **under the Misuse of Drugs Act 1971 OR
- (a) court is satisfied that D’s offending is due to their drug dependency and (b) D refuses to undergo an assessment or follow-up treatment for their dependency
