Bail Flashcards
Bail definition
The defendant is allowed to be at liberty rather prison before their court hearing, as long as they agree to particular conditions, such as regularly reporting to a police station
Right to liberty (Article 5 ECHR)
Right to freedom
Three different ways the police can grant bail?
When a person is released without charge on the condition that they returned to the police station on a specific date
When a defendant has been charged with an offence until their early administrative hearing at the magistrates court
Police can grant street bail for minor offences, without the need to take them to the police station. (Section 4 criminal Justice Act 2003)
Policing and crime act 2017
When they cannot be on bail for longer than 28 days ,
Where a person is released following their arrest , it will be without bail.
Who’s decision is it to grant bail?
Custody officer
The police can only refuse bail if :
- the suspect does not give a name and address
- if the name and address given is thought not to be genuine
What do the police if they feel they cannot grant bail?
The case must be put before magistrates ASAP
Courts powers to grant bail are governed by..
Bail act 1976
Section 4 bail act 1976
There is a presumption that everyone should be granted bail
Court bail can be denied if…
- fail to surrender to custody
- commit an offence while on bail
- obstruct the course of justice
Advantages of bail
-reduction of number of defendants on remand, which means less cost to the government
- defendant can maintain employment and spend time with family during his/her bail period
- defendant can use the time to prepare for his/her trial by not being restricted in terms of being able to meet with their legal representations
- respect human rights -> E.C.H.R - Article 5 liberty, Article 6 right to fair trial
Disadvantages of bail
- disparity/unfair in the interpretation of the Bail Act 1976 in different courts so it could be inconsistent
- risk that defendant will interfere with witnesses or otherwise obstruct the course of justice
- 12% of bailed offenders fail to appear at their trial; so there is a risk of them absconding or not surrendering to bail
- startling statistics on the number of offences committed by people who are on bail
Cases of bail
Julian Asange (2011) - 1st July 2022, announced that Assange had formally appealed against the extradition order. Assange had been confined in Bel marsh, a category A prison, in London. He hid 7 years on bail -> founded wiki leaks
Garry Weddell (2008) - due to stand trial for murdering his wife. Then he killed his mother and then himself. Granted bail - police officer.
Jonathan Vass (2010) - stabbed his partner 71 times. On bail - charged with raping wife
Michael Donovan (2008) - born Paul drake. He held Shannon Matthew’s captive at his dingy home for 24 days. Shannon’s Matthew’s mother was held in custody after bail is refused.
