Bail Flashcards
Where can bail be given
At place of arrest, at the police station and at an early administrative hearing at the Magistrates court.
How does S4 of the Criminal Justice System act help to avoid putting strain on resources at the police station
Excessive pressure on police stations
What is the conditions for the suspects when they are given street bail
That they turn up to the police station at a later date
What three things does the officer need to give the suspect when they are given street bail
- the offence for which he was arrested
- the grounds on why he was arrested
- they are required to attend a police station
What 3 things does the officer need to consider before street bail is given
- the impact of the alleged offence on the community
- the likelihood of the suspect committing further offences
- the likelihood of harm being done to the suspect if not taken into the police detention
If someone was given bail before being charged, what would that allow the police to do
It allows the police to continue their investigation
How long can a suspect be bailed for
The suspect can only be bailed for 28 days
When might the bail period be extended
It can be extended for 3 month in cases of serious fraud
When were these limits significantly exceeded
News of the world phone hacking scandal, the journalists were on bail without charge for 2 years
When will the police restrict bail
- doubt about name and address given
- detention is necessary for suspects protection
- they could damage property, interfere or abscond
- the suspect is chraged with murder
What must happen if the suspect is denied bail
The suspect must be put in front of the Magistrates as soon as possible
What are the reasons that bail must not be given
- fail to attend court
- commit further offences
- interfere with a witness
- have to be in custody for their own protection
What else needs to be considered for a presumption of bail
- severity of the offence
- past record of the offence
- previous record of bail
- strength of evidence
Give a well known example of someone that skipped bail
Julian Assange - he sought political asylum in the Ecuadorian Embassy
What acts allows the police to grant conditional bail
Bail Act 1976 + Criminal Justice and Public order 1994
What is the intention behind conditional bail
minimising the risk of the defendant offending whilst on bail
What conditions can be imposed for conditional bail
Curfew ( designated address by a certain time )
Electronic tag ( shows where they are at a given time )
Surrendering passport
Reporting to the police station at regular intervals
Residence at a bail hostel
What are some concerns regarding bail
- not enough people granted bail
- time is custody is too long
- conditions in prison are poor
- benefits for certain parts in the country
- will the defendant interfere with the case
What should be balanced when considering if an offender should be granted bail
protecting the public and the rights of the defendant
Advantages of bail
