Criminal (4)
Terms
undefined, object
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- Define bail.
- The release of a person subject to a duty to surrender to custody at an appointed time and place.
- What Act governs bail?
- The Bail Act 1976
- Is there a general right to bail?
- Yes at all appearances before the magistrates or Crown Court up to the occasion on which the D is convicted or acquitted.
- What section provides the general right to bail?
- s. 4 Bail Act.
- When can the court not remand a D in custody?
- When 'it appears that there is no real prospect that the D will be sentenced to a custodial sentence in the proceedings' (Sch. 1, Part 1 - BA)
- What section of the BA provides when a court can deny granting bail?
- Part 1, Para. 2
- What are substantial grounds for the purpose of the Bail Act?
- Whether substantial grounds exist is a question of fact.
- What must the magistrates consider when determining whether there are substantial grounds?
- Must consider the factors listed in s. 9 of the Bail Act.
- Can conditions be attached to a grant of bail?
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S. 3 of the Bail Act allows for conditions to be attached. Before attaching any condition, the court must consider whether the condition is:
(1) relevant;
(2) proportionate; and
(3) enforceable. - What conditions may a court impose?
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(1) Residence
(2) Reporting
(3) Exclusion
(4) Non-contact
(5) Curfews
(6) Tagging
(7) Bail hostels
(8) Surrender of passport
(9) Sureties
(10) Deposit of security - What is a surety in the context of Bail?
- A obligation on the D to forfeit a sum of money if he absconds. The D cannot stand as a surety in his own case. Surety is a promise to pay the sum if the D fails to surrender to the court.
- What is Deposit for security in the context of Bail?
- A person granted bail or a third party may be required to give security for the defendant's surrender to custody, e.g. deposit money or some valuable item to forfeit if D fails to surrender. Note - the D as well as a third party can produce a deposit for security (a surety - only a third party can.
- Are the accused's previous convictions handed to the court for the purpose of a bail application?
- Yes.
- Do European Convention rights factor into bail applications?
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Yes. Art. 5(3) of the ECHR provides that:
every person is entitled to trial in a reasonable time or to release pending trail - What are the consequences of the D breaching a bail condition?
- The D may be arrested without a warrant and his bail withdrawn. Note, this does note result in a criminal offence being committed unless the D fails to surrender to custody at the appointed date, time and place.
- What are the consequences of the D absconding?
- (1) a real possibility D will be detained until his case is concluded.
- Is a potential crime committed where a D fails, without reasonable cause, to surrender to custody?
- Yes. This is commonly known as 'Failure to surrender'. Convicted persons are liable to imprisonment of up to three months and/or a fine not exceeding £5000.
- Do the implications of failing to surrender to custody change for the purpose of matters to be dealt with in the Crown Court?
- Yes. The matter is dealt with as criminal contempt of court and a person convicted is liable to up to 12 months' imprisonment and/or an unlimited fine.