Bail Flashcards
What to bring up in introduction?
(4 points)
(1 - What is bail?)
(2 - Can right be refused, what can happen?)
Important pretrial matter = should bail be gratnted or should suuspect stay in custody
Being granted bail meanss supect is able to be at liberty ybtill the next stage of the case (Article 5 echr)
However this right can be refused and numeorus restrictions can be put in place to esnure the public is not at risk
Is this enough law makers wonder?
What to bring up in police bail?
(1 - Under what condition can a person be released without charge?)#
2 - How long can someone be on bail from police and why
3 - Can be extended to what under what conditions
4 - What does policing and crime act stipulate
When a person is released weithout charge on the condition that they return to the police station at a specefic date
Provided for in s27 police and criminal evidence act 1984. Futhermore, when a person has not been charged, the police and criminal evidence act 2017 stipulates they can be on baiil for no longer than 28 days.
Happened after the hacking scandal involing world fo the news where some journalists were kept on bail for up to two years.
28 days can be extendede to three moinths in cases of serious fraud or if one of the conditions A-D in sf47 pace are satisifed.
The policing and crime act 2017 futher stipulates that where a person is released following their arrest it will eb without bail. These restriticons help the puyblic as it stes sutiable time limits for police bail
When can police bail not be gratned? 1 - Who makes decision 2 - Why can it be refused 3 - Case example 4 - If police feel they cannot grant bail what then?
Descision by custody officer If the suspect does not give a name and adress that is real or genuine
Therefore bail is granted most of the time and cdan be given to suspects evben if they have not been charged, oin the agreement they return at a later date.
Haoppened to christopher jeffereis the first suspect in the joanna yeetes murder case.
If police feel they cannot grant bail they can bring the case bfore the magistrates
Not enough overall and there should perhaps be harsher restirction in place
Court bail 1 - What act governs power 2 - Presuimption in favour of what? 3 - What act outlines the facts that must be taken into consideration when deciding bail what are these considerations 4- Bail need not be granted if? 5 - What is the futher exception
Courts powers to grant bail are goverend by bail act 1976: where s4 contains apresumption in favour of bail but other consideration may prevent a suspec tfrom being granted bail
Schedule 1(9) of the act outlines factors that must be taken into conideration when deciding whether or not to grant bail
- Nature and seriousness
- Character, past record and community ties
- Defendants previous record of surrending to bail
- Strength of evidence
Futhermore bail need not be granted if there are suspicions that suspect would:
- Commit another offence while on bail
- Fail to surrender to bail
- Interfere with witnesses or otherwise obsturct the course of justice
- Suspect needs to be kept in custody for own protection
There is a futher exception under the legal aid, sentencing and punishment of offender act where suspect is suspected to commit an offence against an ‘associated person’ in a domestic violence case
Conditional bail
1 -What acts grants the police and courts power to impose conditonal bail
2 - What conditions can be imposed
3 - Under wide discretion is there a limit though
4 - Give two cases
The police or the cours can grant conditional bail under the powers given to them by s3 bail act 1976 and the cirminal justice and pulbi corder act. Conditions are imposed to minimise the risk of the defendnat committing another offence while on bail conditions include:
- Curfew
- electronic tagging
- Surrendering their passport
- Reporting to police station at regular intervals
- Residing at bail hoste;
- Getting someone to stand surety for them
Under wide descretion of cours and police and there is no limit on the restricitons that can be given two cases for this are
Dave lee travis
Ryan clearly
s25 Criminal justice and public order act 1994 - Courts were barred from what?
Courts were barred form garndint gbail in cases of rape, murder and manslaughter where the defendant had already serevd a custodial sentnce for such crimes. Held to be a breach of article 5 ECHR in the case of Caballero v UK
s56 Crime and disorder act 1988 - Granted bail under what circumstances?
Defendant can only be granted bail in serious cases if the court is satisfied there are exceptional circumstances
s14 CJA 2003 - Always refused if what?
If defendant was on bail for another offence at the time of the offence they should not be granted bail unless there is no risk they’ll commit another offence
S18 CJA 2003 - Who can appeal?
The prosecution can appeal against the granting of bail for an imprisonable offence
S19 CJA 2003 - What offences will bail not be granted under?
Bail will not be granted for an imprisonable offence where the defant has tested postive for a Class A drug and where the offence is conncected with class A durgs
Evidence of safeguards not being enough?
Case and 1/3 do what?
Risk the defendant will interfere with investigations. Risk of this in shannon matthews case
1/3 burgalisers are commited by those ob bail
