bail Flashcards
Who can grant bail ? (state the powers that allow them as well)
Police (Polcie and Criminal Evidence Act 1984)
Court (Bail Act 1976)
What is necessary to consider when considering bail?
-Must consider that D’s rights need to be respected (article 5 and 6 esp) whilst also being mindful of protecting the public
= an adeqaute balance must be struck
Each year out of 50,000 offences on estimate how many are committed by those on bail?
25%
How often is police bail granted?
84% of cases
What section of PACE 1984 contains the pre-charge bail rules?
S.37
What Acts reformed S.37 PACE 1984 (pre-charge bail)?
S.54 Policing and Crime Act 2017 (introduced a time limit on how long a suspect can be on pre-charge bail (28 days with a possible 3 month extension or further with mags approval) and introduced a presumption in faovur of “releasing under investigation”)
S.45 Police, Crime, Sentecing and Courts Act 2022 (activated Kay’s Law and introduced a new pre-charge bail time for suspects which will be more proportionate and balanced and to encourage police to impose strict bail conditions in high harm cases)
Under what section and act is the police deemed as a “public authority”?
S.6 HRA 1998
What is the maximum on the custody clock?
S.44 PACE 1984= 96hrs with mags approval
What happened to Paul Gambaccini?
Pre- the Policing and Crime Act 2017 a suspect could be put on bail for months and months. Paul was put on bail for 12 months beofre being told he would never be facing charges
By 2022 what was the issue with RUI?
-too many people beign RUI
sime 322,250 cases involved susepcts being RUI between April 2017 and October 2019 and nearly 100,000 of them were suspected violent criminals and sex offenders
What did the Police (Dentention and Bail) Act 2011 confirm?
Overruled Hookway
=confirms that the custody clock only deducts when suspect is in custosy
What section and act does Street Bail come under?
S.30 A - S.30 D PACE 1984
What is street bail?
a form of pre-charge bail
allows officers to relase an arrested person on street bail immediately after the arrest, suspects then given a bail notice which identifies when they should report to the police station
(however, must be approved by an inspector or above)
What act and section gives police the authority to issue a pre-trial bail?
S.38 PACE 1984, operates under a presumption in favour of bail
What factors goes agaisnt the presumption of police pre-trial bail?
-there is doubt in the susepcts name and address
-dentention is necessary to protect the susepct or someone else
-reasonable belief that the suspect will fail to attend court or interefer with the administration of justice
-suspect is cahrged with murder
What section and act prevents police being able to release suspected murders on bail?
S.115 Coroners and Justice Act 2009
(decision now made by Crown court, following the case of Gary Weddle)
What Section and Act gives the police the authoirty to issue conditional bail?
S.27 Criminal Justice and Public Order Act 1994
What section and act gives police the authority to arrest a suspect who failed to surrender to bail?
S.29 Criminal Justice and Public Order Act 1994
What conditions can the police impose on bail under S.27 CJPOA 1994?
-attend the local police station
-geographical restrictions
-surrender passport
-surety (e.g Weddle, brother gave surety of £200,000)
What Act gives the courts the authority to impose bail?
Bail Act 1976
What section of the Bail Act 1976 states that there is a presumption of bail?
S.4 Bail Act 1976
What is the “No real Prospect” test and what act introduced it ?
-requires that people should ordinarily be granted bail if they are unlikely to receive a custodial sentence if convicted
S.90 Legal Aid, Sentecinhg and Punishment of Offenders Act 2012
Per schedule 1 Paragraph 2 Bail Act 1976 what factors can rebut the presumption of Bail confirmed in S.4?
-failure to surrender to custody
-commit an offence whislt on bail
-likely to cause physical or mentally harm to themselves or another etc
What must be granted if bail is denied?
Certificate of refusal
Under what act can a suspect appeal to the crown court if bail is refused by the courts?
s.81 Superior Courts Act 1981
Under what act can be the prosecution appeal against the the granting of bail?
S.1 Bail (amendment) Act 1993 which was furhter amended by S.18 Criminal Justice Act 2003 to give the CPS the right to appel to the crown court agains the magistrates decision to grant bail, providng the offence carries a sentence of 5 years plus abd the prosecution originally objected the granting of bail
As per schedule 1 paragraph 9 Bail Act 1976 what other additional factors need to be considered when granting bail?
-nature and seriousness of the offence
-character of the suspect
-record of bail etc
Under what act does the courts have the authority to impose conditional court bail?
S.3 Bail Act 1976
