Bail application - presumption & Objection

Question 1

Is there a presumption that D is entitled to Bail?

Answer 1

Yes

Question 2

When does the presumption of bail not apply?

Answer 2

• those appealing their conviction or sentence; or
• to defendants being committed for sentence from the Magistrates’ Court to the Crown Court.

Question 3

What are the 2 considerations when thinking about bail

Answer 3

• Grounds
• Factors

Question 4

What are the grounds for objection to bail for indictable cases?

Answer 4

• fail to attend a subsequent hearing (failure to surrender to custody);
• commit further offences on bail; and/or
• interfere with witnesses, or otherwise obstruct the course of justice eg witness intimidation or destruction of evidence.

Question 5

What is the burden of proof for the grounds for objection to bail for indictable cases?

Answer 5

substantial grounds for believing that if granted bail, the defendant will behave in a way that the ground specifies.

It is only necessary to show that the fears of the behaviour happening have substance and merit.

Question 6

What is a defence where the burden of proof for the grounds for objection to bail for indictable cases is met?

Answer 6

bail should not be removed under one of these grounds if the defendant is charged with an offence (or offences) where there are no real prospects’ of receiving a custodial sentence.

Question 7

What factors are considered when considering a bail application?

Answer 7

• the nature and seriousness of the offence
• strength of the evidence
  .
• the character of the defendant,
• bail record of the defendant

Question 8

when considering the factors when considering a bail application, what are the elements that make up D’s character?

Answer 8

• Antecedents are previous convictions which can make a custodial sentence more likely.
  .
• Character might include any personal circumstances such as drug addictions
• Associations might include friends with criminal records.
• ‘community ties’ helps to see how easy it could be for the defendant to abscond and how much D has to lose by absconding. (If D is married with children or in a job then D might be less likely to ‘disappear’ compared to someone of ‘no fixed abode’).