Simon is charged with the burglary of an antiques shop
Simon is charged with the burglary of an antiques shop. He has three previous convictions of Theft. He has previously complied with bail conditions. He lives locally with his wife and three children but plans to move to Spain.
Explain what factors are likely to be considered when making a decision whether or not to grant bail to Simon and what conditions may be imposed.
Nature and seriousness of offence:
Theft/ burglary is considered a triable either way offence meaning it can either be tried in the Magistrates Court or Crown Court depending on how serious the crime is. Depending on what he stole and how much it was worth, Simon’s burglary is quite serious, so he may be tried in the Crown Court. This would make it harder for Simon to be granted bail as because the offence is quite serious, he stands a reduced chance of bail being allowed. The court can refuse bail if they believe that it is done for protection of the defendant.
Previous Convictions:
Simon has three previous convictions of theft, the same crime in which he is suspected of committing now. As Simons has multiple previous convictions, the likelihood of him re-offending whilst on bail will need to be considered when deciding whether bail should be granted or not. However, the court need not grant a defendant bail if it is satisfied there are substantial grounds for believing that the defendant if granted bail would commit an offence whilst on bail- The Bail Act- 1976.
Previously complied with bail:
Simon has complied with bail conditions on a previous conviction/s. This is likely to increase his chance of being granted bail as it means he is reliable and is more likely to turn up to what he has been told to, rather than not turning up. The court will consider- the defendant’s record with respect to the fulfilment of his obligations under previous grants of bail in criminal proceedings- The Bail Act- 1976.
Family and plans for Spain:
Simon lives locally and has a wife and three children, this
Explain what factors are likely to be considered when making a decision whether or not to grant bail to Simon and what conditions may be imposed.
Nature and seriousness of offence:
Theft/ burglary is considered a triable either way offence meaning it can either be tried in the Magistrates Court or Crown Court depending on how serious the crime is. Depending on what he stole and how much it was worth, Simon’s burglary is quite serious, so he may be tried in the Crown Court. This would make it harder for Simon to be granted bail as because the offence is quite serious, he stands a reduced chance of bail being allowed. The court can refuse bail if they believe that it is done for protection of the defendant.
Previous Convictions:
Simon has three previous convictions of theft, the same crime in which he is suspected of committing now. As Simons has multiple previous convictions, the likelihood of him re-offending whilst on bail will need to be considered when deciding whether bail should be granted or not. However, the court need not grant a defendant bail if it is satisfied there are substantial grounds for believing that the defendant if granted bail would commit an offence whilst on bail- The Bail Act- 1976.
Previously complied with bail:
Simon has complied with bail conditions on a previous conviction/s. This is likely to increase his chance of being granted bail as it means he is reliable and is more likely to turn up to what he has been told to, rather than not turning up. The court will consider- the defendant’s record with respect to the fulfilment of his obligations under previous grants of bail in criminal proceedings- The Bail Act- 1976.
Family and plans for Spain:
Simon lives locally and has a wife and three children, this