Bail

Question 0

Bail allows a defendant to remain at Liberty until when?

Answer 0

Next stage of trial

Question 1

What does s.4 of the Bail Act 1976 set out?

Answer 1

Presumption in favour of unconditional bail

Question 2

Who can grant bail?

Answer 2

Police
Magistrates
Crown Court

NOT County Court

Question 3

Common reason why bail might be refused

Answer 3

Reasonable suspicion that the suspect will fail to surrender to custody
Likely to commit an offence whilst on bail

Question 4

Relevant considerations taken into account when considering whether to grant bail

Answer 4

Curfew
Tagging
Bail Hostel

Question 5

What extra condition is always applied before someone accused of murder can be granted bail?

Answer 5

Two health checks and granted bail

Question 6

What rights does a defendant have it they are refused bail?

Answer 6

Appeal once

Question 7

Under the Bail Amendment Act 1993 what can the prosecution now do?

Answer 7

Appeal against grant of bail

Question 8

What is the position regarding bail for those accused of a drugs related offence?

Answer 8

Restriction for class A drugs- positive = conditions

Question 9

Name another category of offence where there may be different provisions regarding bail

Answer 9

Terrorists

Question 10

Under the Crime and Disorder Act s.6 those accused of certain offences may only be granted bail under exceptional circumstances which are?

Answer 10

Murder 
Attempted Murder 
Manslaughter
Attempted manslaughter 
Rape

Question 11

Two conflicting interests?

Answer 11

Public interest

Suspects Liberty

Question 12

What does ‘absconding’ mean?

Answer 12

Fleeing

Question 13

What condition would be best to deal with someone a court thought likely to abscond?

Answer 13

Taking their passport- security

Question 14

What does ‘antecedents’ mean?

Answer 14

Past criminal record

Question 15

What effect will a persons antecedents have on their chances of getting bail?

Answer 15

Bad record= not granted bail

Question 16

What is the main advantage of using a bail hostel rather than sending someone to prison?

Answer 16

Less cost

Have a job and pay taxes

Question 17

If a person is refused bail they are sent to a prison to await their trial, which is called?

Answer 17

Remanded

Question 18

How might a person who is sent to prison until their case comes up be at a disadvantage?

Answer 18

On remand- lawyer ability to prepare case is reduced

Time wasted, job lost, ruined life

Question 19

Police input

Answer 19

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