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Lecture 2

Week 2 - Bail

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Department
Law
Course
JSB171
Professor
All Professors
Semester
Spring

Description
BAIL (Bail Act) Bail is a means of setting a person who has been deprived of their liberty by arrest, free, pending the outcome of the trial process. WATCHHOUSE BAIL S7(1) BA: Power of police officer to grant bail: Allows either: • Officer-in-charge of a police station/establishment; or • Watchhouse manager To grant bail, when person is not detained under PPRA Chap 7, Part 2 (Search of a place to prevent loss of evidence); and They are satisfied the person cannot be taken promptly before a court. CANNOT BE GRANTED BY WATCHHOUSE IF: S13 BA: Only Supreme Court may grant bail if: (a) Mandatory life imprisonment, (b) Indefinite sentences e.g. Murder COURT BAIL ELEMENT 1: Prima Facie right to bail There is a prima facie right to bail: s9 BA; R v Hughes Destroys Prima Facie Right and places onus on defendant: S16(3) BA – Where the defendant is charged with one of the following, the court should refuse to grant bail unless he can show good cause: (a) commits an offence whilst on bail or at large (b) offence to which S13 applies (mandatory/life serious offences) (c) Indictable offence using firearm or offensive weapon of explosive substance. (d) charged with an offence under the BA --> Although prima facie right to bail, this subsection modifies this. S16(4) BA - In granting bail in accordance to S16 (3), a court or police may impose conditions in accordance with S11 (see Conditions below) CASE: Where serious offence: Only granted in exceptional circumstances • R v Hughes: Murder charge, Initial bail refused as unacceptable risk; then up to person to justify why bail should be given. Held: CL prima facie right does not apply, BA reflects CL. • DPP v Williamson: Party to the use of an offensive weapon, but did not personally use weapon. Held: words in s16(3)(c) are construed in the wider sense bestowed on the alleged facts, CL prima facie right does not apply, BA reflects CL. But can still be granted: • Lim v Gregson: mercy killing, accused had substantial assets in jurisdiction, and unlikely to abscond; Granted. • McDowell: the accused was 13 years of age; Granted. • Street: the accused was in ill health; Granted. ELEMENT 2: Refusal Of Bail Grounds for refusal: S16(1) BA: Outlines grounds for refusal: (a) Unacceptable risk - fail to appear - commit an offence (re-offend) - endanger the safety of the victim or anyone else’s - interfere with witnesses or obstruct the course of justice (b) Remain in
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