Sched 1 and 2

Question 1

Outline

s3AA BA 1977

Answer 1

Offence that is both Sched 1 and 2

Must be taken to be a Sched 1 offence

Question 2

what must BDM take into consideration when bailing a child

s3B BA 1977

Answer 2

• Consider all other options before remand
• Preserve relationship
  
  • B/W child/family, guardians/ carers
• Living arrangements of the child to continue w/o interruption
• Education, work, training to continue w/o interruption
• Minimise stigma to child as a result of being remanded
• likely sentence to be imposed should the child be found guilty
• Conditions of bail are no more onerous than are necessary and do not constitute unfair management of the child

Question 3

Outline

s4A(1) BA 1977

Answer 3

BDM Must Refuse

unless BDM satisfied exceptional circumstances exist

• BDM must refuse bail
  
  • where person is charged with sched 1 offence
• Unless BDM is satisfied
  
  • exceptional circumstances exists that justify the granting of bail

Question 4

What case law defines

Exceptional Circumstances

Answer 4

• HADDARA v DPP (2014)
• Not defined within the Act
• “While no specific matter, taken in isolation may amount to exceptional circumstance
  
  • the totality of circumstances may constitute exceptional circumstances

Question 5

Outline

s4c BA 1977

Answer 5

BDM Must Refuse Bail

Unless crook Shows Compelling Reason

• BDM must refuse bail
  
  • for person accused of sched 2 offence
• Unless accused shows compelling reason why their detention is not justified

Question 6

Outline

s4E BA 1977

Answer 6

BDM Shall Refuse Bail

if satisfied the crook is unacceptable risk to

• Endanger safety welfare or any person
• Fail to answer bail
• Commit offence whilst on bail
• interfere with witness

This applies to all offences