MULTIPLE CHOICE QUESTIONS
ANSWERS
Bar Professional
Question 1
Which of the following defendants does NOT have a presumption in favour of bail?
[A] Ben who is making his first appearance from custody charged with burglary.
[B] Henry who has pleaded guilty to an offence of affray and been committed to the Crown Court
for sentence.
[C] Jane who has been summonsed to court for breach of a community order.
[D] Curtis who has been convicted after trial of common assault and whose case has been
adjourned for pre-sentence reports to be prepared.
[B] CORRECT ANSWER – s.4 Bail Act 1976 sets out those persons to whom the presumption applies.
A person who has been committed for sentence to the Crown Court is not a person to whom it
applies.See BCP 2015 D7.6
,Question 2
Roberta (aged 26) is charged with burglary. The complainant was previous foster carer of
Roberta. She has 2 previous convictions for burglary over the last 5 years. In addition she has
an offence for fraudulently claiming housing benefit from last year. She was taken into foster
care at the age of 14 and has lived an itinerant lifestyle all her adult life. She has a number of
offences for absconding from bail in her previous court appearances. She has no job and is
currently living on a friend’s sofa. At the magistrates’ court she was sent to the Crown Court for
trial. At the magistrates’ court her solicitor made an application for bail which was refused. She
now wishes to apply to the Crown Court for bail. Assume that the correct procedure has been
complied with.
Which of the following is NOT a ground for withholding bail?
[A] Roberta need not be granted bail if the court has substantial grounds for believing that she
would commit further offences if released on bail.
[B] The nature and seriousness of the offence and probable method of dealing with Roberta for it.
[C] Roberta need not be granted bail if the court has substantial grounds for believing that she
would fail to surrender to custody if released on bail.
[D] Roberta need not be granted bail if the court has substantial grounds for believing that Roberta
would interfere with witnesses.
[B] is CORRECT answer – this is a factor in deciding whether the grounds for objection are made out,
not an objection per se.See BCP D7.12
,Question 3
Jacinta behaviour is currently before the magistrates’ court for an offence of threatening words
and contrary to s. 5 Public Order Act 1986 (a non-imprisonable offence). This is her first
appearance for this offence.
Assuming that the relevant evidence is before the court in each situation, which one of the
following is NOT a ground justifying refusal of bail?
[A] Jacinta has a previous conviction for failing to surrender in this case, and the magistrates fear
that she will not surrender to bail if released now.
[B] The magistrates feel that a remand in custody is necessary for Jacinta’s own protection.
[C] The magistrates fear that Jacinta will commit further offences whilst on bail.
[D] Having been released on bail with a condition not to contact the complainant Jacinta was
subsequently arrested under s. 7 of the Bail Act 1976 for breaching this condition. The
magistrates fear that Jacinta would interfere with witnesses if released now.
[C] is CORRECT ANSWER – this ground does not exist under Sch 1 Part II of the Bail Act 1976 if the
offence is non-imprisonable.See BCP 2015 D7.36
, Question 4
Which of the following is CORRECT concerning bail applications?
[A] The magistrates’ court must allow a defendant to make a bail application on every occasion the
defendant appears before them if he wishes to do so.
[B] A defendant may only appeal to the Crown Court against a denial of bail at the magistrates’ court
once there have been two fully argued bail applications made at the magistrates’ court.
[C] After a defendant has made two bail applications the magistrates’ court may refuse to hear any
further applications unless they are satisfied there has been a material change of circumstances.
[D] At any time a defendant may appeal against a refusal of bail on application to the High Court.
[C] is CORRECT ANSWER – Bail Act 1976 sch. 1 part IIA, para 1. See BCP
2015 D7.70
ANSWERS
Bar Professional
Question 1
Which of the following defendants does NOT have a presumption in favour of bail?
[A] Ben who is making his first appearance from custody charged with burglary.
[B] Henry who has pleaded guilty to an offence of affray and been committed to the Crown Court
for sentence.
[C] Jane who has been summonsed to court for breach of a community order.
[D] Curtis who has been convicted after trial of common assault and whose case has been
adjourned for pre-sentence reports to be prepared.
[B] CORRECT ANSWER – s.4 Bail Act 1976 sets out those persons to whom the presumption applies.
A person who has been committed for sentence to the Crown Court is not a person to whom it
applies.See BCP 2015 D7.6
,Question 2
Roberta (aged 26) is charged with burglary. The complainant was previous foster carer of
Roberta. She has 2 previous convictions for burglary over the last 5 years. In addition she has
an offence for fraudulently claiming housing benefit from last year. She was taken into foster
care at the age of 14 and has lived an itinerant lifestyle all her adult life. She has a number of
offences for absconding from bail in her previous court appearances. She has no job and is
currently living on a friend’s sofa. At the magistrates’ court she was sent to the Crown Court for
trial. At the magistrates’ court her solicitor made an application for bail which was refused. She
now wishes to apply to the Crown Court for bail. Assume that the correct procedure has been
complied with.
Which of the following is NOT a ground for withholding bail?
[A] Roberta need not be granted bail if the court has substantial grounds for believing that she
would commit further offences if released on bail.
[B] The nature and seriousness of the offence and probable method of dealing with Roberta for it.
[C] Roberta need not be granted bail if the court has substantial grounds for believing that she
would fail to surrender to custody if released on bail.
[D] Roberta need not be granted bail if the court has substantial grounds for believing that Roberta
would interfere with witnesses.
[B] is CORRECT answer – this is a factor in deciding whether the grounds for objection are made out,
not an objection per se.See BCP D7.12
,Question 3
Jacinta behaviour is currently before the magistrates’ court for an offence of threatening words
and contrary to s. 5 Public Order Act 1986 (a non-imprisonable offence). This is her first
appearance for this offence.
Assuming that the relevant evidence is before the court in each situation, which one of the
following is NOT a ground justifying refusal of bail?
[A] Jacinta has a previous conviction for failing to surrender in this case, and the magistrates fear
that she will not surrender to bail if released now.
[B] The magistrates feel that a remand in custody is necessary for Jacinta’s own protection.
[C] The magistrates fear that Jacinta will commit further offences whilst on bail.
[D] Having been released on bail with a condition not to contact the complainant Jacinta was
subsequently arrested under s. 7 of the Bail Act 1976 for breaching this condition. The
magistrates fear that Jacinta would interfere with witnesses if released now.
[C] is CORRECT ANSWER – this ground does not exist under Sch 1 Part II of the Bail Act 1976 if the
offence is non-imprisonable.See BCP 2015 D7.36
, Question 4
Which of the following is CORRECT concerning bail applications?
[A] The magistrates’ court must allow a defendant to make a bail application on every occasion the
defendant appears before them if he wishes to do so.
[B] A defendant may only appeal to the Crown Court against a denial of bail at the magistrates’ court
once there have been two fully argued bail applications made at the magistrates’ court.
[C] After a defendant has made two bail applications the magistrates’ court may refuse to hear any
further applications unless they are satisfied there has been a material change of circumstances.
[D] At any time a defendant may appeal against a refusal of bail on application to the High Court.
[C] is CORRECT ANSWER – Bail Act 1976 sch. 1 part IIA, para 1. See BCP
2015 D7.70
