Which matters must a military court weigh when it sets conditions for release on bail, and how do the defendant's finances limit those conditions?
General information · Not legal advice
Material to check
In the practice file for this exercise we read the charge papers, since they show the nature of the crime and the particulars of the charge, the list of evidence and its probative force, and papers on the defendant's prior record, character, circumstances and assets, together with any claim by the victim for damages after the offence.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats both limits as binding on the military court at the same time: when it sets conditions under the provision on bail conditions, the court must consider the nature of the crime and the particulars of the charge, the probative force of the evidence, the defendant's prior record, character, circumstances and assets, and matters relating to compensation for the victim and other post-offence circumstances, and it may not set conditions that the defendant's funds or assets cannot perform.
Another reading notes that the second paragraph caps only what may be required, not what should be required: it says the court 'may not set' conditions beyond the defendant's ability, so it leaves open how much of that ability the court should use, and how the four listed matters are to be weighed against each other.
Your judgment
If a condition could be performed only by spending everything the defendant lives on, how should the file record the court's finding on the defendant's ability to perform it?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to add, remove or redefine any of the listed matters, or if a decision clarifies what counts as ability to perform a condition.