2.2 Bail - Conditions & Breach Flashcards
Which statutory provisions deals with bail conditions?
Sections 3-3A Bail Act 1976
What is the difference between a surety and a security?
A surety is a sum of money (“recognisance”) which someone with influence over the defendant must pay if the defendant absconds.
A security is paid by the defendant or someone on his behalf in order to secure his release on bail,. The money will be forfeit if he absconds.
What is a bail hostel?
As a condition of bail, the court may order the defendant to reside at a bail hostel if he has no fixed address. This will be intended to prevent him from further offending, absconding or interfering with witnesses. The bail hostel will impose on the defendant some rules of living, such as not bringing drugs or alcohol into the bail hostel.
What if the defendant needs to change his bail conditions?
Section 3(8) Bail Act 1976
…that court or the Crown Court may on application—
(a)
by or on behalf of the person to whom bail was granted…
vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally.
What if the prosecution wants to change the defendant’s bail conditions?
Section 3(8) Bail Act 1976
… that court or the Crown Court may on application—
(b)
by the prosecutor or a constable,
vary the conditions of bail or impose conditions in respect of bail which has been granted unconditionally.
What if the defendant breaches his bail conditions?
Section 7(3) Bail Act 1976 The police have the power to arrest someone whom they reasonably suspect has breached his bail conditions or is about to do so or will not surrender to custody.
What bail offences are there?
Section 6 Bail Act 1976
Failing to surrender to custody without reasonable cause is the only bail offence.
(7)
It is punishable summarily by up to three months’ imprisonment or on indict by up to 12 months. Also a fine.
