Bail Flashcards
What are the conditions that can be imposed under conditional bail?
What were the conditions in the case of Dave Lee Travis?
What were the conditions in the case of Ryan Clearly?
Curfew, electronic tagging, surrendering their passport, reporting to the police station at regular intervals, residing at a bail hostel, getting someone to stand surrety for them
Was charged with 11 counts of indecent assault and one count of sexua assault. His conditional bail stated that he ahd to live at home in Bedfordshire and should not contract his alleged victims.
Was charged with attempting to hack the website of the Serious Organised Crime Agency. His conditional bail was extensive nd stated that he should observe a curfew between 9pm and 7amj every night, wear an electronic tag and only leave the house in the company of his parents.
What is the first circumstance in which the police can grant bail?
How long can they be on bail and why was this implemented?
- When a person is released without charge on the condition they return to the police station at a later date
- 28 days, implemented after the phone hacking scandal involving news of the world where journalists were kept on bail for upwards of two years
What is the second circumstance in which the police can grant bail?
What is the third circumstance in which the police can grant bail?
When a defendant has been charged with an offence until their early administrative hearing at court
Police can grant street bail for minor offences without the need to take them to the station
The decision to grant police bail is taken by who?
The police can only refuse bail if… ?
What must the police do if they feel they cannot grant bail?
The custody officer
The name or address of the defendant is not thought to be genuine
Put the case before the magistrates court as soon as possible
What factors must the court take into consideration when deciding whether or not to grant bail?
Bail need not be granted if there are substantial grounds for believing the suspect would….?
The nature and seriousness of the offence, The past record of the defendant, the defendant’s previous record of surrendering to bail, the strenght of the evidence against them
Commit another offence while on bail, fail to surrender to bail, interfere with witnesses of otherwise obstruct the course of justice, the suspect needs to be kept in protection for there own custody
What does the s25 Criminal Justice and Public Order Act do?
The courts were barred from granting bail in cases of murder, manslaughter and rape where the defendant had already served a custodial sentence for such an offence. However, this was held to be a breach of Article 5 ECHR in the case of Caballero v UK
What does the s56 Crime and Disorder Act 1998 do?
All bail applications from suspected international terrorists should be made to the special immigrations appeal commission
What does the s14 Criminal Justice Act 2003 do?
If defendant was on bail for another offence at the date of the offence, bail should be refused unless the court is satisfied that there is no significant risk that they will comitt another offence?
What does the s18 Criminal Justice Act state?
The prosecution can appeal against the granting of bail for any imprisonable offence
What does the s19 Criminal Justice Act state?
Bail will not be granted for an imprisonable offence where the defendant has tested postive for a Class A drug and where the offence is conncected with Class A drugs
