Bail Flashcards
Define ‘bail’.
At Liberty until the day of trial
What statute governs the rules of bail?
The Bail Act 1976
What does s4 of the act that governs the rules of bail say?
Everyone has the general assumption of the right to bail.
List all 5 Substantial grounds for refusing bail
1- abscond 2- reoffend 3- interfere with witnesses 4- insufficient information to make decision 5- dangerous for the D to be given bail
List the 5 factors that are taken into consideration when giving bail
1- bail record 2- antecedents 3- nature and seriousness of the crime 4- character, associations and community ties 5- strength of evidence against them
What is conditional bail? How many conditions are there in total? What’s average amount of conditions that are attached to the bail? List four conditions that can be attached.
You are given bail but there are some rules that you have to follow. There are 12 conditions in total and the usual amount attached is 3. 1)Provision of surety 2)Surrender of passport, driving license 3)Bail hostel 4)Restrictions/Curfew 5)Reporting to the police
What is s6 of The Bail Act 1976?
S6 creates the offence of absconding if you don’t turn up for your trial after being given bail.
Where is bail decided? (2 places)
1) By the police (in station or on street)
2) By the Magistrates
Can repeated serious offences get bail?
No unless there are exceptional circumstances.
What are the two types of bail?
Conditional and unconditional.
Is bail allowed if the suspect is already on bail when the alleged offence occurs?
No.
Are appeals allowed?
Yes, by defence and prosecution.
What are the appeal routes for defence and prosecution, when granting or refusing bail?
Defence: One more bail application can be made to the Magistrates. An appeal can be made to a Crown Court Judge
Prosecution: Can appeal to the granting of bail to a Judge, only in cases where imprisonment is possible.
Give 3 AO2 comments on bail.
1) Refusing bail threatens the presumption of innocence until proven guilty. However, this is necessary where protection of the public is required. Therefore, strong substantial grounds must be required when refusing bail.
2) Conditional bail exists when the suspect needs to be monitored. This ensure that the public are protected whilst also protecting the liberty of the suspect. However, the lack of bail hostels and police time can make the conditions ineffective.
3) When a person is arrested for a repeat serious offence bail can only be given in exception circumstances. This goes against the presumption that the suspect is innocent until proven guilty in the court of law. However, this is justifiable to protect the public.
