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What Are The Chances Of Bail?
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A man, recently extradited from Australia to face 20+ charges, inc child sex offences (sodomy, buggery, rape) also child cruelty and neglect, will appear in court next week. He will apply for bail, what are his chances of getting it?
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For more on marking an answer as the "Best Answer", please visit our FAQ.If he had to be extradited, this shows that he has strong ties to another country, and may be much inclined to do a bunk. Also, he probably does not have a home to go to in this country, so if there is no Bail Hostel nearby, there may be nowhere for him to go if he did get bail. He may well be facing a very long time inside, so he has many motives for escaping; the court will take all these circumstances into account, and very likely will not let him loose. At least not without the strictest of conditions, which he probably couldn't meet anyway. I do hope the police already have his passport.
He is, in fact, a British Citizen, a former police sergeant, he was in Oz on a temporary visa (he has a daughter there). They have told him he cannot go back to Oz whatever the outcome of the trial. People are worried that if he gets bail he may be inclined to intimidate witnesses. He has a very nasty temper.
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In England and Wales all defendants have the right to bail unless the court has substantial grounds to believe that he will either:
(a) abscond
(b) commit further offences
or
(c) impede the course of justice (in particular interfere with witnesses).
The nature and seriousness of the allegations are not a consideration (though there are some slightly different rules when murder, attempted murder or manslaughter are charged). When the court comes to consider an exception to the right to bail they have to have substantial grounds to believe one of the exceptions apply. The fact that “…People are worried that if he gets bail he may be inclined to intimidate witnesses.” will not generally be sufficient. The prosecutor, when applying for a remand in custody, will have to show that he has, for example, approached witnesses in the past or that he has issued a threat or series of threats which the court finds credible.
(a) abscond
(b) commit further offences
or
(c) impede the course of justice (in particular interfere with witnesses).
The nature and seriousness of the allegations are not a consideration (though there are some slightly different rules when murder, attempted murder or manslaughter are charged). When the court comes to consider an exception to the right to bail they have to have substantial grounds to believe one of the exceptions apply. The fact that “…People are worried that if he gets bail he may be inclined to intimidate witnesses.” will not generally be sufficient. The prosecutor, when applying for a remand in custody, will have to show that he has, for example, approached witnesses in the past or that he has issued a threat or series of threats which the court finds credible.