SGS 4 - Bail and allocation

Question 1

Where is the presumption in favour of Bail?

Answer 1

s4 Bail Act

Question 2

Where are the exceptions to Bail?

Answer 2

Schedule 1

Question 3

What does para 1A of Schedule 1 say?

Answer 3

If there is no real prospect that a custodial sentence will be given, bail should be granted

Question 4

What does para 2 of Schedule 1 say?

Answer 4

D need not be granted bail if the court is satisfied there are substantial grounds for believing D will:

a) fail to surrender
b) commit further offences on bail
c) interfere with witnesses or obstruct the course of justice

Question 5

What will give the court substantial grounds in relation to the para 2 elements?

Answer 5

Para 9 factors support the factors in para 2 - need to apply relevant para 9 factors to each one.

Question 6

What is the general rule on sentencing with regard to either way offences?

Answer 6

They should be tried summarily unless the outcome would clearly be a sentence in excess of the magistrates’ court’s powers or for reasons of unusual legal, procedural or factual complexity the case should be tried in the crown court

Question 7

What does s19(3) say the court should consider when determining allocation?

Answer 7

whether the sentencing powers of the magistrates would be adequate; representations made by the prosecution and the accused; and the allocation guidelines