Bail Flashcards
Bail allows a defendant to remain at Liberty until when?
Next stage of trial
What does s.4 of the Bail Act 1976 set out?
Presumption in favour of unconditional bail
Who can grant bail?
Police
Magistrates
Crown Court
NOT County Court
Common reason why bail might be refused
Reasonable suspicion that the suspect will fail to surrender to custody
Likely to commit an offence whilst on bail
Relevant considerations taken into account when considering whether to grant bail
Curfew
Tagging
Bail Hostel
What extra condition is always applied before someone accused of murder can be granted bail?
Two health checks and granted bail
What rights does a defendant have it they are refused bail?
Appeal once
Under the Bail Amendment Act 1993 what can the prosecution now do?
Appeal against grant of bail
What is the position regarding bail for those accused of a drugs related offence?
Restriction for class A drugs- positive = conditions
Name another category of offence where there may be different provisions regarding bail
Terrorists
Under the Crime and Disorder Act s.6 those accused of certain offences may only be granted bail under exceptional circumstances which are?
Murder Attempted Murder Manslaughter Attempted manslaughter Rape
Two conflicting interests?
Public interest
Suspects Liberty
What does ‘absconding’ mean?
Fleeing
What condition would be best to deal with someone a court thought likely to abscond?
Taking their passport- security
What does ‘antecedents’ mean?
Past criminal record
What effect will a persons antecedents have on their chances of getting bail?
Bad record= not granted bail
What is the main advantage of using a bail hostel rather than sending someone to prison?
Less cost
Have a job and pay taxes
If a person is refused bail they are sent to a prison to await their trial, which is called?
Remanded
How might a person who is sent to prison until their case comes up be at a disadvantage?
On remand- lawyer ability to prepare case is reduced
Time wasted, job lost, ruined life
Police input
Decision made by custody officer if bail is to be granted
Bail will be refused if suspects name and address cannot be discovered or they believe it not to be genuine
If police refuse bail then the suspect must be taken to the magistrates court at the earliest opportunity
