Podcast
Questions and Answers
What is the primary purpose of bail?
What is the primary purpose of bail?
- To prevent the accused from fleeing justice
- To ensure the bailor fulfills their responsibilities (correct)
- To allow the accused to evade judicial proceedings
- To provide financial security for the bailor
Which of the following conditions must be complied with for release on bail according to the stipulated statutory conditions?
Which of the following conditions must be complied with for release on bail according to the stipulated statutory conditions?
- Non-interference with the accused's family
- Surrender of travel documents (correct)
- Immediate payment of the full bail amount
- Voluntary attendance at all court hearings
In what circumstance is bail NOT permitted according to the Criminal Procedure Code?
In what circumstance is bail NOT permitted according to the Criminal Procedure Code?
- The accused is charged with a bailable offence
- The accused is charged with an offence punishable by death (correct)
- The accused is charged with a minor non-bailable offence
- The accused poses a flight risk
What can lead to the arrest of an individual released on bail for non-bailable offences?
What can lead to the arrest of an individual released on bail for non-bailable offences?
Which factor is NOT considered when deciding bail for non-bailable offences?
Which factor is NOT considered when deciding bail for non-bailable offences?
What is likely to happen if a person breaches conditions of their bail?
What is likely to happen if a person breaches conditions of their bail?
Carve outs for granting bail include which of the following situations?
Carve outs for granting bail include which of the following situations?
What must occur if there are grounds to investigate another bailable offence?
What must occur if there are grounds to investigate another bailable offence?
What can a written representation to AGC NOT include?
What can a written representation to AGC NOT include?
Which statement accurately describes the implications of representations made to AGC?
Which statement accurately describes the implications of representations made to AGC?
In the context of CCDC procedures, which of the following statements is true?
In the context of CCDC procedures, which of the following statements is true?
What is the obligation of the prosecution under Rule 14(4) of the Legal Profession (Professional Conduct) Rules 2015?
What is the obligation of the prosecution under Rule 14(4) of the Legal Profession (Professional Conduct) Rules 2015?
What is the legal consequence of making false representations to AGC?
What is the legal consequence of making false representations to AGC?
If a client opts into CCDC procedures, which condition must be met?
If a client opts into CCDC procedures, which condition must be met?
According to Rule 14(5)(a)(i), when advising a client, what must the counsel ensure?
According to Rule 14(5)(a)(i), when advising a client, what must the counsel ensure?
What does Rule 14(3)(b) stipulate regarding the defense counsel's responsibilities?
What does Rule 14(3)(b) stipulate regarding the defense counsel's responsibilities?
What is the penalty for causing the disappearance of evidence according to s 201 of the Penal Code?
What is the penalty for causing the disappearance of evidence according to s 201 of the Penal Code?
Under which condition must a legal practitioner avoid concocting evidence as stated in Rule 9(2)(g)-(h)?
Under which condition must a legal practitioner avoid concocting evidence as stated in Rule 9(2)(g)-(h)?
What does Rule 14(6) stipulate about the defense counsel's actions if the accused absconds?
What does Rule 14(6) stipulate about the defense counsel's actions if the accused absconds?
What does s 204A of the Penal Code relate to?
What does s 204A of the Penal Code relate to?
What must defense counsel do regarding the previous convictions of the accused as stated in Rule 14(8)?
What must defense counsel do regarding the previous convictions of the accused as stated in Rule 14(8)?
What is required of a bailor as advised to a client prior to being charged?
What is required of a bailor as advised to a client prior to being charged?
What can lead the court to refuse police bail?
What can lead the court to refuse police bail?
Which of the following is NOT considered a factual consideration affecting bail?
Which of the following is NOT considered a factual consideration affecting bail?
Mandatory bail must be provided by the court when which criterion is met?
Mandatory bail must be provided by the court when which criterion is met?
Which of the following actions can be taken when representing a client after being charged?
Which of the following actions can be taken when representing a client after being charged?
What is a requirement for someone to act as a bailor?
What is a requirement for someone to act as a bailor?
The defense of alibi requires what kind of notice before being presented in court?
The defense of alibi requires what kind of notice before being presented in court?
What defines a bailable offense?
What defines a bailable offense?
In the context of bail, which factor is included in prescribed grounds for belief?
In the context of bail, which factor is included in prescribed grounds for belief?
Which of the following statements regarding false representations in the bail hearing is true?
Which of the following statements regarding false representations in the bail hearing is true?
According to the protocol for bailors, which characteristic is NOT a requirement?
According to the protocol for bailors, which characteristic is NOT a requirement?
Which of the following is NOT a requirement for a bailor to be present in court?
Which of the following is NOT a requirement for a bailor to be present in court?
What type of statement must an accused individual be informed of before making a caution?
What type of statement must an accused individual be informed of before making a caution?
What is the purpose of the 'long statement' as defined under s 22 CPC 2010?
What is the purpose of the 'long statement' as defined under s 22 CPC 2010?
Which of the following is NOT included in the background information that should be gathered from a client?
Which of the following is NOT included in the background information that should be gathered from a client?
When a statement is made under s 22 CPC 2010, which obligation is NOT required?
When a statement is made under s 22 CPC 2010, which obligation is NOT required?
What happens if the accused does not understand English when making a statement?
What happens if the accused does not understand English when making a statement?
Which of the following is true regarding the bailor's responsibilities?
Which of the following is true regarding the bailor's responsibilities?
What should be included in the instructions from the client?
What should be included in the instructions from the client?
Which of the following categories is NOT part of the client's background information?
Which of the following categories is NOT part of the client's background information?
Which statement regarding the consequences of making a long statement is true?
Which statement regarding the consequences of making a long statement is true?
Flashcards
Quantum of bail
Quantum of bail
The amount of bail set by a court, determined by the bailor's financial stake and ensuring responsibilities are met.
Bailor's responsibilities
Bailor's responsibilities
The bailor's duties are to ensure the accused's attendance in court, cooperation in investigations, and abstaining from further offenses or interfering with witnesses.
Statutory conditions for release
Statutory conditions for release
Conditions for release on bail / personal bond; include attending court, surrendering travel documents, cooperating in investigations, not committing further offenses, not interfering with witnesses, and not leaving Singapore without permission.
Breaching bail conditions
Breaching bail conditions
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Carve-outs for bail
Carve-outs for bail
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Factors for non-bailable offenses
Factors for non-bailable offenses
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Release for further investigation
Release for further investigation
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Court's authority over bail
Court's authority over bail
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Bail
Bail
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Police Bail
Police Bail
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Court Bail
Court Bail
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Bailable Offenses
Bailable Offenses
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Bailor
Bailor
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Criteria for Bail
Criteria for Bail
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Defense of Alibi
Defense of Alibi
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Reviewing charges
Reviewing charges
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Withdrawal of charges
Withdrawal of charges
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Section 182 Penal Code
Section 182 Penal Code
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Prosecution's Obligations (LPC Rule 14(4))
Prosecution's Obligations (LPC Rule 14(4))
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Defense Counsel's Role (LPC Rule 9(2)(g)-(h))
Defense Counsel's Role (LPC Rule 9(2)(g)-(h))
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Defense Duty (LPC Rule 14(3)(b))
Defense Duty (LPC Rule 14(3)(b))
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Advising on Pleas (LPC Rule 14(5)(a)(i))
Advising on Pleas (LPC Rule 14(5)(a)(i))
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Absence from Criminal Trials (LPC Rule 14(3)(c)-(d))
Absence from Criminal Trials (LPC Rule 14(3)(c)-(d))
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Continuing Representation (LPC Rule 14(6))
Continuing Representation (LPC Rule 14(6))
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Disclosure of Convictions (LPC Rule 14(8))
Disclosure of Convictions (LPC Rule 14(8))
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Evidence from Accused (Silence) (LPC Rule 14(5)(a)(ii))
Evidence from Accused (Silence) (LPC Rule 14(5)(a)(ii))
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Mitigation Plea (LPC Rule 14(7))
Mitigation Plea (LPC Rule 14(7))
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Post-Conviction/Sentencing (LPC Rule 14(3)(e))
Post-Conviction/Sentencing (LPC Rule 14(3)(e))
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Representations to AGC
Representations to AGC
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False Representations
False Representations
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Without Prejudice
Without Prejudice
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Plead Guilty
Plead Guilty
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Criminal Case Disclosure Conference (CCDC)
Criminal Case Disclosure Conference (CCDC)
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Bailor's Requirements
Bailor's Requirements
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Taking Client Instructions
Taking Client Instructions
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Client's Background Information
Client's Background Information
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'Cautioned Statement' (s 23 CPC 2010)
'Cautioned Statement' (s 23 CPC 2010)
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'Long Statement' (s 22 CPC 2010)
'Long Statement' (s 22 CPC 2010)
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Right to Silence (s 22(2) CPC 2010)
Right to Silence (s 22(2) CPC 2010)
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Statement Must Be Read (s 22(4) CPC 2010)
Statement Must Be Read (s 22(4) CPC 2010)
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Types of Police Statements
Types of Police Statements
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Instructions to the Lawyer
Instructions to the Lawyer
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Study Notes
Bail Considerations
- Bail amount is determined by the bailor's financial stake and their responsibility to ensure the accused attends court.
- Bail is primarily for ensuring the accused's attendance, not just preventing flight.
- Statutory bail conditions include attendance, surrender of travel documents, cooperation with investigations, non-commission of further offences, no interference with witnesses, and restrictions on leaving Singapore without permission.
- Breaching bail conditions can lead to warrantless arrest.
- Circumstances like youth or medical unfitness allow for possible exceptions for bail.
- Non-bailable offences consider the severity of the penalty, the accused's likelihood of fleeing, potential tampering of evidence, and any grounds that suggest non-surrender to custody, unavailability for investigation, or avoidance of further court appearances.
Criminal Procedure Code (CPC)
- Court has authority to decide about bail.
- Court discretion includes refusal of police bail under certain circumstances.
- Factors like the severity of the offence and potential sentence are used in deciding bail.
- Bailable offences are determined and defined by the CPC and its first schedule.
Legal Practitioner Conduct Rules (LPC)
- Prosecutors must inform the court of prior convictions and relevant precedents, as well as any mitigating circumstances if the accused is unrepresented.
- Defence counsel cannot fabricate evidence, offer opinions that are not supported by clients or instructions, make contentious issues that are not reasonable, or provide untrue evidence (with certain exceptions, like allegations of fraud).
- Counsels have a responsibility to advise clients on whether to plead guilty or claim trial.
- Counsels must not be absent from a trial or hearing without justifiable cause or inform the accused person of the reason(s) for absence.
- If the accused absconds, counsel can apply to be relieved or continue defence under the assumption the accused will abide by their instructions, but only if the accused person was absent but elected to remain silent.
- Counsel should not disclose prior convictions, but cannot provide evidence or make submissions that are inconsistent with any prior convictions or antecedents.
Burden of Proof
- The burden of proving circumstances to place a crime under an exception lies on the accused.
- Proof of facts especially within a person's knowledge, rests with that person.
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