Sure thing

When Julian Assange was released on bail by the Westminster Magistrates' Court last year he was released on a £240,000 surety, with a £200,000 deposit lodged. (His bail was later extended and varied, and the surety amount reduced, as he pursued avenues of appeal through the High and Supreme Courts).Now that Ecuador has granted Assange …

Continue reading Sure thing

Offending on bail

Section 16(3C) of the Sentencing Act 1991 creates a presumption that imprisonment imposed for offences committed on bail will be served cumulatively, unless the sentencing court directs otherwise.The Full Court (McInerey and Crockett JJ, Gillard J agreeing) said in R v Gray [1977] VicRp 27; [1977] VR 225: As to the circumstance that offences were …

Continue reading Offending on bail

Bail: how not to do it!

Hat-tip to Stephen Warne for this case from an American Professional Responsibility blog, where a judge was reprimanded for ordering a defendant attend church as a condition of bail, and other conduct held to be misconduct.Here, the primary concern of bail is to ensure an accused person presumed innocent should be permitted remain at liberty …

Continue reading Bail: how not to do it!

Bail in the Magistrates Court: new practice direction

The Magistrates' Court today released Practice Note 4 of 2011 for bail applications.This replaces several previous practice directions, and expressly provides for various steps an applicant must take when applying for or varying bail.Much is unexceptional, aside from fresh applications after bail is refused or revoked. The Direction provides that a fresh application should go …

Continue reading Bail in the Magistrates Court: new practice direction

Bail Act aide mémoire

Attending a CPD session last week about the Bail Act 1977 since the commencement on 1 Jan 2011 of the Bail Amendment Act 2010 motivated me to finally update my Bail Act aide mémoire.It's intended to highlight the major parts of the Act that an advocate needs to refer to in Court. I emphasised the …

Continue reading Bail Act aide mémoire