Bail and the Human Rights Act 1998: [HC]
Published June 2001
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Published 1976
The Stationery Office Books
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by Neil Corre, David Wolchover
Published1999
Blackstone Press
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FAILURE TO ANSWER BAIL
A person who fails without reasonable cause to surrender to the custody of the court at the appointed time and place is guilty of an offence punishable with a fine not exceeding level 5 (£5,000) and/or imprisonment of up to three months.
Once it is established that the defendant failed to attend court the defendant must prove that he had reasonable cause for his failure to attend, not reasonable excuse. The defence is not proved if the defendant merely points to something which exonerates him. The burden of proof is the balance of probabilities i.e. has the defendant proved that it is more likely than not that he has reasonable cause for failing to surrender?