| Case study: Bail - Rod
View activity
This case study introduces the students to the concept of bail and how it can be refused or restricted.
Additional information
In view of the seriousness of the offence, Rod was fortunate to be granted bail. The court will take into account the following, to help make their decision about whether or not to grant bail:
|
 |
1. Are there substantial grounds for believing that he would...
a) Fail to surrender?
b) Offend on bail?
c) Interfere with witnesses?
2. Was he on bail at the time of the offence?
3. Should he be in custody for his own protection?
4. Should he already be in custody for another offence?
If the answers to the above are 'no', then Rod has a right to bail.
Rod has indeed broken his existing bail conditions, but since he was only 40 yards in breach and, apparently had a reason to go to the Red Lion and was not just loitering in the street where the victim lived, a judge would probably not demand that Rod should be kept in custody and would not rescind his bail. HOWEVER, the judge might add additional conditions such as:
|
|
1. Rod's residence must be at the family home.
2. Rod has to report to his local police station Monday, Wednesday and Friday between 1pm and 3pm.
3. He must maintain a curfew overnight from 10pm to 7am.
4. Doorstep curfew: police can demand his presence at his front door anytime between the hours of curfew.
|
|
|
|
|
|
|
