Opposing Bail

This topic outlines when it would be appropriate for a probation officer to oppose bail in a district court.

The bail hearing may take place in between other matters during a list court or at a specified time set by the judge.

When to oppose bail

A probation officer may consider opposing bail when:

• the defendant is appearing before the court charged with breaching a CPPS sentence
• the defendant is appearing before the court on other matters that include a breach of any CPPS sentences
• the police/crown prosecutor request CPPS support in opposing bail for a defendant appearing on a criminal charge, and
• a defendant is currently on bail and appearing in court on a criminal charge but has failed numerous times to attend an interview for a pre-sentence report (PSR).

It is not appropriate for a probation officer to support any application made by the offender for bail conditions to be changed. If this situation occurs, the offender should be referred to their legal representative.

Home detention

It is considered that opposing bail could become particularly important in matters of home detention (HD).

If the residence for a home detainee becomes unsuitable and no other suitable residence can be found, CPPS may wish to have the offender remanded in custody until the matter is resolved, or a suitable address is found.

In this case, CPPS would be opposing bail in relation to a breach of HD conditions. CPPS must be able to clearly state what attempts have been made to locate another address.