Bail Flashcards
What is bail?
Bail is the release of a person until the next stage of the case, upholding the principle of ‘innocent until proven guilty’.
What is remand in custody?
Remand in custody refers to the detention of an individual pending trial or further legal proceedings.
What is the significance of Article 5 ECHR regarding bail?
Article 5 ECHR affirms the right to liberty, which includes the right to be released on bail.
What legislation governs police powers to grant bail before charge?
Police and Criminal Evidence Act 1984 governs the police powers to grant bail before charge.
What are the three situations in which police can grant bail?
- Bail before charge. 2. Bail after charge until early administrative hearing. 3. Street bail for minor offences.
What is meant by ‘street bail’?
Street bail refers to police granting bail for minor offences without the need to take the suspect to the police station.
What are some conditions that can be imposed on bail?
Typical conditions include curfews, wearing electronic tags, surrendering passports, and regular reporting to the police station.
What was the ruling in R v Hookway (2011)?
The ruling stated that police cannot detain a suspect for more than 96 hours without either releasing or charging them.
What was the effect of the Police (Detention and Bail) Act 2011?
It reversed the effect of R v Hookway, allowing police to give bail before charge for an unlimited period.
How long can bail before charge be granted according to the Policing and Crime Act 2017?
Bail before charge can now not exceed 28 days.
What is the presumption regarding court bail as per Bail Act 1976?
There is a presumption that everyone should be granted bail unless substantial grounds suggest otherwise.
What are some exceptions to the right to bail?
- Risk of failing to surrender to custody. 2. Risk of committing an offence while on bail. 3. Risk of interfering with witnesses.
What does the ‘No Real Prospect Test’ imply?
It restricts courts’ power to refuse bail when there is no real prospect of custodial sentences upon conviction.
In what circumstances can bail be restricted?
Bail can be restricted for offenders with positive drug tests, those already on bail at the time of the offence, and murder cases.
What are some advantages of granting bail?
Advantages include reduced remand costs, the ability to maintain employment, and preparation for the trial.
What are some disadvantages of granting bail?
Disadvantages include risks of witness interference, absconding, and re-offending by bailed individuals.
What does Schedule 9 of the Bail Act consider?
Schedule 9 outlines factors for courts to consider when deciding on bail, such as the seriousness of the offence and the defendant’s history.
What are the implications of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on bail?
It introduced new exceptions for refusing bail and the No Real Prospect Test.
What role does the prosecution have regarding bail decisions?
The prosecution has the right to appeal against the granting of bail in certain circumstances.
What impact do cases like Jonathan Vass and Gary Weddell have on balancing public protection and defendant rights?
These cases exemplify the ongoing challenges in balancing public safety with the rights of defendants during bail decisions.
