Bail Flashcards
What is police bail?
Police must consider whether to keep the person in the police station until the next magistrates court sitting or to release the arrested person to return for questioning or to attend court unless arrest is with a warrant which specifies bail. 84% get bail
Define bail
At Liberty until day of trial
Bail by Magistrates’ court
Bail is governed by the BAIL ACT 1976 as amended by Bail (amendment) Act 1993
S4 assumes a general right to bail and Liberty
What are the 5 TIC’s (taken into consideration) when deciding on bail?
1) Bail record
2) Previous convictions
3) Nature and seriousness of offence
4) Character, associations and community ties
5) Strength of evidence against them
What are the 5 substantial grounds to refusing bail?
1) Abscond (not go to trail)
2) Reoffend
3) Interfere with witnesses
4) Information insufficient to make decisions
5) Dangerous for D to be given bail
What are the 5 occasions court must give reasons for GRANTING bail?
Murder Manslaughter Rape Attempted murder Attempted rape
What acts grants repeat serious offenders can grant bail in exceptional circumstances?
Crime and Disorder Act 1988
Conditional bail under the Bail Act S3- what are the 5 reasons they can be allowed bail?
Provision of surety- someone else pays money if defendant absconds
Surrender of passport or driving licence
Restrictions/curfew- tags exclusion orders
Bail Hostel
Reporting to police- signs in at police station at scheduled times