bail Flashcards
what is bail ?
bail is a pre trial matter that decides if a suspect should be remanded in custody or released awaiting trial , there are many different types of bail.
when may a person be realised on bail during the criminal procedure?
a person may be released on bail
- after being arrested
- after being charged
- during the trial process if needed
what is bail in line with ?
bail is inline with ARTICLE 5 of the European convention of human rights that states there is a right to liberty which upholds the principle that everyone is innocent till proven guilty
what statue governs bail ?
the bail act 1976
what does section 4 of the bail act state
s.4 of the bail act states that there is a general assumption that a person should be granted bail
do police have any powers to grant bail ?
yes, police have powers that allow them to release a suspect on bail whilst they make further enquires, which is known as bailed to return
name the types of bail that police have the powers to grant
- STREET BAIL
- AFTER A SUSECT HAS BEEN ARESTED BUT NOT CHARGED
- CONDITIONAL BAIL
explain street bail
this allows bail to be granted following arrest without the need to go to the police station under s.4 of the criminal justice act 2003
what section of the criminal justice act allows street bail to be granted
S4 OF THE CRIMINAL JUSTICE ACT 2003
who makes the decision on giving bail at the police station ?
the custody officer under s.38 of the police and criminal evidence act 1984 which was amended by the criminal justice and public order act 1994
when can bail be refused ?
bail can be refused when the suspects name and address cannot be discovered or if the police think that the suspect has given them a false identity, if a person fails to surrender the police can arrest him
what does s115 of the coorners and justice act 2009 states ?
it states that the police should not grant bail if the charge is murder, this can only be granted by crown court in this case
when can the police impose conditions on granting bail ?
under the criminal justice and public order act 1994 the police can impose conditions when such as
- passport surrender
- regular reports to police station
- remains under curfew
- cannot interfere with witness
what happens if bail is not granted ?
if bail is not granted the suspect has to appear in magistrates at earlies conveniences as they are technically being deprived of their liberty which contradicts article 5
explain what is ment by granting bail after the suspect has beeen arresetd but not charged?
this means that bail can be granted after the suspect has been arrested but not charged under s.37 of the police and criminal evidence act 1984
