When a bail application is before a military court, in which cases must it grant bail, and in which may it refuse?
General information · Not legal advice
Material to check
For this practice exercise, we read the bail application itself, the papers showing the offence charged and the sentence it carries, any criminal record bearing on recidivism or habitual offending, and material on the defendant's residence and the risks alleged.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading treats the provision as a duty on the military court: once a bail application is made, the court must grant bail unless one of the listed cases applies — an offence punishable by death, life or imprisonment beyond the period the provision sets; recidivism or habitual offending; 'sufficient reason' to believe the defendant destroys evidence or poses a risk of destroying it, or flees or poses a risk of flight; an unclear residence; or 'sufficient reason' to believe the defendant will harm, or risks harming, the life, body or property of the victim, a person who knows facts needed at trial, or their family.
Another reading notes that the cases do not all require the same showing: the first, second and fifth turn on the offence and its sentence, the defendant's record, or the clarity of the residence, while the third, fourth and sixth require 'sufficient reason to believe'. The provision does not say how the military court reaches that belief, nor what conditions may accompany release.
Your judgment
If the charged offence falls within the first case but the trial has not established guilt, what in the file shows the offence 'has been committed' for this purpose?
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 change the exceptions to the duty to grant bail, or if a court decision decides how far the first case reaches before conviction.