Making a bail application

Question 2

What is the general rule on bail?

Answer 2

Defendants have the right to bail, except in murder cases, unless one of the exceptions applies and there is a real prospect of a custodial sentence if convicted.

Question 3

What are the exceptions to granting bail?1

Answer 3

1. Substantial grounds to believe the defendant would fail to surrender, commit further offences, or interfere with witnesses/justice.

Question 4

What are the exceptions to granting bail?2

Answer 4

2. The defendant was on bail during an indictable offence.

Question 5

What are the exceptions to granting bail?3

Answer 5

3. Bail is necessary for the defendant’s protection.

Question 6

What are the exceptions to granting bail?4

Answer 6

4. Risk that the defendant would commit an offence against an associated person.

Question 7

What are the exceptions to granting bail?5

Answer 7

5. Defendant is already serving a custodial sentence.

Question 8

What are the exceptions to granting bail?6

Answer 8

6. Insufficient information to make a decision.

Question 9

What are the exceptions to granting bail?7

Answer 9

7. Defendant failed to surrender or breached bail in the same proceedings.

Question 10

What does ‘substantial grounds’ refer to in bail decisions?

Answer 10

Courts consider factors such as the nature and seriousness of the offence, how it will likely be dealt with, the defendant’s past convictions, community ties, compliance with bail in the past, strength of evidence, and the risk of harm to others if released.

Question 11

What is conditional bail?

Answer 11

Conditional bail allows the court to impose conditions on the defendant’s release, which must be relevant, proportionate, and enforceable. Common conditions include residence requirements, reporting to a police station, exclusion zones, curfews, electronic tagging, and sureties or security payments.

Question 12

What is the rule regarding bail in murder cases?

Answer 12

There is a presumption against granting bail in murder cases.

Question 13

How many bail applications is the defendant entitled to?

Answer 13

A defendant is entitled to only two bail applications under the same circumstances.

Question 14

What happens if a defendant breaches bail conditions?

Answer 14

If a defendant breaches bail conditions, they will be arrested and taken into custody. The court can either revoke bail or impose stricter conditions. Failure to attend court leads to an arrest warrant and could result in bail being revoked or an additional charge of failing to surrender.