Bail

Question 1

Bail can be granted by

Answer 1

-Police
s38 PACE Act 1984
-Courts
Bail Act 1976

Question 2

Bail

Answer 2

-suspect released from custody
-before or after charge
-pending trail or sentence
-if no bail, they will be remanded in custody

Question 3

Statistics of bail

Answer 3

2022
-bail granted in 13% of magistrates cases
-bail granted in 35% of crown cases

Question 4

Ds rights

Answer 4

-Art 5 liberty
-Art 6 Fair trail

Question 5

Process after arrest

Answer 5

POLICE BAIL
s36 PACE Act 1984
-decisions will need to be made about charging the suspect
-responsibility of custody officer or in serious cases CPS

Question 6

Police grant bail in 3 situations

Answer 6

-s37 PACE Act 1984
suspect released without charge
28 day limit under s62 policing and crime act 2017
-s38 PACE Act 1984
D is charged then realised until early administrative hearing
-s4 Criminal justice act 2003
grant street bail

Question 7

Police refuse bail

Answer 7

-doubt about suspects name and address
-protect suspect or someone else
-believe they will fail to attend court
-interfere with witnesses

Question 8

Court Bail- Presumption

Answer 8

s4 bail act 1976
Presumption in favour of bail
Exceptions:
-fail to surrender at custody
-commit another offence
-own welfare
-obstruct court of justice

Question 9

Court Bail- Legal aid, sentencing and punishment of offenders Act 2012

Answer 9

New exceptions not to grant bail
-associated person, domestic violence case

Question 10

Court Bail- Sch 9 bail act 1976

Answer 10

Factors to take into consideration when granting bail
-nature and seriousness
-character
-community ties
-strength of evidence
-drug misuse
-previous record of surrendering to bail

Question 11

Criminal justice and public order act 1994

Answer 11

Conditional bail
-no limit to number of conditions
-no set list
-curfew, tag, passport, bail hostel, check up on police station

Question 12

Offences committed on bail

Answer 12

-40000 offences are committed on bail each year
-bail will not be granted again
-Garry Newlove and Clare Bernal are victims
-Gary Weddell murder

Question 13

s115 coroners and justice act 2009

Answer 13

-Bail for murder can only be granted by crown court judge

Question 14

cost per prisoner a year

Answer 14

£44,000

Question 15

s19 criminal justice act 2003

Answer 15

-no bail if suspect test positive for class A drugs
-case connected to drugs

Question 16

Advantages

Answer 16

-suspect maintain life, Christopher Jeffries
-Art 6 prepare for trail
-remand is expensive
-innocent people not punished by prison
-conditions can be added to reduce risk
-bail unlikely to be granted in serious situations

Question 17

Disadvantages

Answer 17

-high risk of interference
-home office 2006, 1in 4 commit on bail
-12% fail to appear at trail
-conditions don’t necessarily prevent reoffending
-impact on victim, 3yr wait