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Revision Criminal Practice 3 - BAIL - Coggle Diagram
Revision Criminal Practice 3 - BAIL
If Police Refuse Bail upon Charging
Next
available
Magistrates' Court hearing
used to determine
More relaxed rules of evidence
Witnesses may be called rarely
Prosecution then defence outlines arguments
VULNERABLE SUSPECTS: APPROPRIATE ADULT SHOULD ATTEND BAIL HEARING
+ ACTIVELY PARTICIPATE
If a detainee is a vulnerable suspect (recall, U18, or Someone with mental disorders and vulnerabilities), additional safeguards are needed, including an APPROPRIATE ADULT ATTENDING
An
appropriate adult should be summoned to help communicate between the detainee and the other parties
(recall appropriate adult from section 2)
Appropriate adults are
expected to actively participate to ensure the suspect UNDERSTANDS
the nature, seriousness, and process of what is happening
Certificate of Full Argument
Issued when
Court refuses bail
Given to
defendant
Shows
Court heard full argument on bail
When Can Bail Be Denied?
Remand on custody = in prison until next hearing
Remand on bail = out (may be conditional) until next hearing
To refuse bail, the court must be satisfied
Real prospect of CUSTODIAL SENTENCE
; AND
An exception to the right to bail applies
General Right to Bail:
Applies everywhere
except murder
(2.) Exception to the Right to Bail
-
Substantial Grounds
that defendant would
Not surrender
Commit
further offences
on bail
Interfere with witnesses
Obstruct
justice
Charged with
either way/indictable
; AND were
already on bail
Already in prison
Fail to surrender/breached bail in
same proceedings
Insufficient information to decide
on bail
What are
SUBSTANTIAL GROUNDS?
Nature and seriousness of offence
Good:
Character, Associations, and Community
Ties
Previous complying
with bail
Bad:
Seriosuness of offence
Previous convictions
Strength of evidence
Risk of engaging in conduct causing physical/mental injury to others
Conditions on Bail - must be
Relevant, Proportionate, and Enforceable
Forbidding:
Contacting
people
Going to an
area
Requiring:
Specific
residence
Reports to
police
Curfew
Electronic tag
Surety/Security
'Good proportion' of provider's assets
Bail and Murder
Heard by
CROWN COURT
(remembner, normal bail is magistrates')
Presumption
against release
Granted bail
only if
There is NO significant RISK that the defendant would commit an offence likely to cause physical or mental injury to another
Further
applications for bail
Only
2 allowed on the same facts/submissions
A
court considers setting bail at every hearing
it holds; however
If there is a
change of circumstances can make NEW application
eg
availability of a new bail address
,
or new
evidence that weakens
the prosecutions’s case)
Absconding and Breaches of Bail Conditions
Failure to follow can lead to:
Revocation of bail
Tougher
conditions
If a defendant
breaches bail
,
NO WARRANT NEEDED FOR ARREST
(but this isn't a criminal offence, unlike failure to appear at court)
Not an offene but can be arrested and bail reconsidered
Failure to attend Court:
Additional offence of
FAILURE TO APPEAR at Court
Warrant for
ARREST is issued