Bail Flashcards
S4 Criminal Justice Act 2003
Criminal allowed to be released if they report back to police at specific times.
S3 Bail Act 1976
Allows bail to be granted unless reasonable doubt
What might be “reasonable doubt” in terms of not granting bail?
- Fail To surrender to custody
- May commit further offences on bail
- Defendant may interfere with witnesses or evidence
S4 Bail Act 1976
Conditions for bail
Name some conditions for bail
- Ankle monitor
- Curfew
Police, Crime, Courts and sentencing act 2022
Presumption against bail
Why might there be an assumption against bail?
- Seriousness of offences
- Flight risk
- Risk of reoffending
Garry Newlove
Was assaulted to death due to an offender who was released on conditional bail.
Jonathan Vass
Was put on street bail but reoffended by murdering.
Leanne hodgson
Was presumed against bail for the seriousness of her crimes in the England riots.
Kay’s Law
Brought about the Police, crime, court and sentencing act 2022.
What did LASPO12 add to s4 Bail Act 1976?
If there may be an attack on an “assosiated person” in a domestic violence case, there is an presumption against bail.
s90 Legal Aid, Sentencing and punishment of offenders Act 2012
Court HAVE to grant bail if imprisonment is not a likely outcome.
What “Test” is under s90 LASPO12?
“No real prospect test”
What is the “no real prospect test”?
Court must decide if imprisonment is a likely option and if not then they have to grant bail.
What SECTION of which ACT grants courts the ability to grant bail?
s4 Bail Act 1976 - with the presumption of bail.
CASE for court bail
Jonathan vass
s25 Criminal justice and public order act 1994
Stricter rules on bail for cases like murder and rape
