Pre-trial: Bail Flashcards
What is adjournment?
court cannot conclude the case in one hearing
What is remand?
When D is sent away and told to come back another day. D is obliged to come back to court to continue with the case.
where can remand be served?
In custody
In the community on bail
Who applies to hagve D remanded into custody?
Prosecution
How does the prosecution remand defendant into custody?
Present objections to bail
When does the defence apply for bail?
Once prosecution objections have been raised
Where is the first decision for bail made?
Magistrates court (except for murder)
What is right to bail?
The presumption that the defendant is entitled to bail
When does the right to bail not apply?
- Appealing conviction or sentence
- D being committed for sentence from Magistrates to Crown Court.
What are the grounds for objecting to bail for an indictable offence?
‘substantial grounds’ for believing D would either:
a) fail to attend a subsequent hearing;
b) commit further offences on bail; and/or
c) interfere with witnesses or obstruct course of justice
What does substantial grounds mean?
Fears of the behaviour happening have substance and merit.
When should bail not be removed for indictable offences even if the grounds apply?
No real prospect of D receiving custodial sentence
When will a defendant be remanded for a summary offence?
D provided some reason to believe he would
- commit further offences
- fail to surrender
- interfere with witnesses
What are the prerequisites for a defendant to be refused bail for a summary offence?
- breached bail condition
- previous failure to surrender conviction
When will a defendant need not be granted bail?
a) defendant’s own protection;
b) insufficient information to deal with bail so remands for short period to produce sufficient evidence; and/or
c) already serving sentence in custody
What are the conditions for not allowing bail for murder (unless exceptional circumstances?
D has pre-conviction for
i. Murder
ii. Attempted murder
iii. Rape
iv. Serious sexual offence
When will bail be allowed for murder?
no significant risk of D causing an offence likely to cause physical or mental injury
What are the rules for bail where D is on trial for Attempted murder, rape or serious sexual offence?
D has pre-con for
i. Murder
ii. Attempted murder
iii. Rape
iv. Serious sexual offence
= no bail unless exceptional circumstances to justify
What are the rules for bail where D is on trial for an offence carrying life?
If D was either:
i. Already on bail; and/or
ii. Fails to attend having been on bail
= No bail unless no significant risk of D committing further offences or failing to attend
What are the rules for bail where D is on trial for an offence suggesting injury towards a family member?
Need not grant bail if-
substantial grounds to believe D would commit offence on bail by engaging in conduct that would/likely cause physical/mental injury to an associated person
Who is an associated person for the purpose of denying bail for offences suggesting injury against family?
spouse, partner, family member
What is the limitation on denying bail for offences suggesting injury against family?
For non-imprisonable offences, only available if arrested for breach of bail
What are the rules for bail where D is on trial for an abuse of drugs offence?
i. test shows D has Class A drugs in body; and
ii. the offence relates to a Class A or was caused/ motivated by D taking Class A drugs
No bail unless no significant risk of D committing an offence on bail
What are the rules for bail where D was on bail at time of offence for an indictable offence?
Need not grant bail
