Bail Flashcards
What are the three circumstances in which police bail can be gratned and what act is each provided by?
- When a person is released without charge on the condition they return to the station at a later specified date - s37 Police and Criminal Evidence Act 1984 (PACE)
- When a person has been charged with an offence until their early administrative hearing at the magistrates court - s38 Police and Criminal Evidence Act 1984 (PACE)
- Police can grant street bail for minor offences, without the need to take them to the police station - s4 Criminal Justice Act 2003 (CJA)
What act prevents people from being on police bail for more than 28 days?
Why was this restriction put in place?
In what conditions can the 28 days be extended?
- Policing and Crime Act 2017
- The restirctions were put in place as a result of the News of the World phone hacking scandal where some journalists were on bail for up to two years
- In cases of serious fraud or if one of the A - D conditons in s47 Police and Criminal Evidence Act is met
The decision to grant police bail is taken by who?
Under what 2 circumstances can police bail be refused?
Is bail granted in the majority of cases?
Give an example of a case where someone was given bail without being charged?
If the police feel they cannot grant bail how do they proceed?
- The custody officer
- The suspect does not give a name or address or the name and address is believed to be false
- Yes on the condition they return at a later date
- Chrispother Jefferies in the 2010-2011 Joanna Yeates murder case
- Put the case before the magistrates as soon as possible so they can make a decision
What act governs the courts’ powers to grant bail?
What is kept in mind when granting bail?
s4 Bail Act 1976
Article 5 ECHR (Right to liberty)
What act outlines factors that need to be taken into consideration when deciding whether or not to grant a suspect bail?
Name three of these factors?
Schedule 1 (9) Bail act 1976
Nature and seriousness of offence, Character and past record of defendant, previous record of surrendering to bail, strength of evidence against them
Bail can be refused if is believed the defendant will do certain things. Name three?
What is the further exception?
Commit another offence while on bail, fail to surrender to bail, interfere with witnesses or obstruct the course of justice or the suspect needs to be kept in custody for their own protection
Further exception under the Legal Aid, Sentencing and Punishment Of Offenders Act 2012, when there are substantial grounds for believing that the defendant would, if released, commit another offence against an ‘associated person’ in a domestic violence case
Who can grant conditional bail?
Under what powers can conditional bail be granted?
Why is conditional bail important?
The police or the courts
s3 Bail act 1976 and Criminal Justice and Public Order act 1994
To prevent the defendant from committing another crime, interfering with the investigation or for their own protection
Name 4 Conditions that can be imposed with conditional bail?
Is there a limit on what can be imposed?
Give two case examples?
Curfew, electronic tagging, bail hostel, surety, surrendering passport and electronic tagging
No the courts and police are not limited in what they can impose
Ryan Clearly (Hacker), Dave Lee Travis (Sexual assaulter)
What act has been frequently amended over the years?
Why were these amendments made?
The Bail Act 1976
Because of the concern bail was being given too freely
What amendments did s25 Criminal Justice and Public Order Act 1994 make why were the changes not allowed?
What amendments did s56 Crime and Disorder Act 1988?
Courts were barred from granting bail in cases of murder, manslaughter and rape where the defendant has already served a custodial sentence for it. Held to be a breach of article 5 in Caballero v UK
The defendant can only be granted bail in serious cases if the courts are satisfied there are exceptional circumstances
What amendments did s24 Anti Terrorism, Crime and Security Act 2001 make?
What changes did s14 Criminal Justice Act 2003 make?
All bail applications made by suspected terrorists should be made to the Special Immigration Appeals Comission
If the defendant was on bail for another offence at the date of the current offence bail should be refused unless the court is satisfied there is no significant risk they’ll committ another offence
What amendments did s18 Criminal Justice Act 2003 make?
What amendments did s19 Criminal Justice Act 2003 make?
The prosecution can appeal against the granting of bail for any imprisonable offence
Bail will not be granted for an imprisonable offence that involves class A drugs or where the defendant has tested postive for class A drugs
What test did the Section 90 Legal Aid, Sentencing and Punishment of Offenders Act 2012 introduce?
What balance does bail uphold and what principle does it protect?
Introduced the “no real prospect test” where the court’s power to refuse bail is restricted if it appears that there is no real prospect that the defendant would receive a custodial sentence if convicted
Balance between defendants human rights and protecting the public. Upholds principle of innocent until proven guilty
Name three advantages of bail?
Name three disadvantages of bail?
Reduction in number of people on remand = less cost to the government, 20% of people in prison awaiting trial go on to be found innocent or receive non custodial sentences, the defendant can maintain employment or spend time with family, the defendant can meet with legal representatives
The defendant can interfere with investigation e.g shannon matthews, Cours interpret bail act 1976 differently, Home office statistics state that 12% of bailed suspefcts do not appear at trial, third of burglaries comitted by people on bail for another offence
