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AS Law - The Criminal Process > Bail > Flashcards

Bail Flashcards

1
Q

What is decided in the pre-trail regarding bail?

A

If a suspect should be remanded in custody or released pending trial

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2
Q

At which points may a person be released on bail?

A

After being arrested
After being charged and before trial
During the trial process itself (e.g If an adjournment is needed)

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3
Q

What is “bailed to return”?

A

That the police may release a suspect on bail whilst they make further enquiries

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4
Q

What are the conditions of ‘bailed to return’?

A

The suspect may be released on the condition he/she returns on a specific date

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5
Q

Why may the police grant bail?

A

If they are making further enquiries

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6
Q

In regards to powers, who usually grants bail?

A

The custody officer

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7
Q

What gives the custody officer the power to grant bail?

A

S38 police and criminal evidence act 1984

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8
Q

What powers does S38 of the police and criminal evidence act 1974 grant?

A

Custody officers to grant bail

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9
Q

What amended the rules on bail?

A

Criminal justice and public order act 1994

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10
Q

What did the criminal justice and public order act 1994 do?

A

Amend s38 of the pace act (1984) the rules on bail

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11
Q

Why may the police refuse a suspect bail?

A

If the suspects name and address cannot be discovered or if police think the suspect has given a false identity

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12
Q

What happens if someone fails to surrender to bail?

A

The police have the right to arrest them

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13
Q

Where are the rules on bail laid out?

A

The bail act 1976

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14
Q

What allows the police to impose conditions on granting bail?

A

Criminal justice and public order act 1994

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15
Q

What conditions may the police impose?

A

Request the defendant surrenders their passport
Report regularly to the police station
Not interfere with witnesses
Remain under curfew for specified times

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16
Q

What happens to the suspect if bail is not granted?

A

The suspect must appear in the magistrates court at the earliest opportunity

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17
Q

What does the bail act 1976 lay out?

A

The rules on bail

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18
Q

When was the bail act created?

A

1976

19
Q

When was the criminal justice and public order act created?

A

1994

20
Q

When was the police and criminal evidence act created?

A

1984

21
Q

What does s4 of the bail act 1976 state?

A

That there is a general presumption that a person should be given bail, but this is limited in some cases

22
Q

Why may the court not grant bail?

A

If they believe there’s substantial grounds for believing the suspect would:
Fail to surrender to custody
Commit an offence while on bail
Obstruct the court of justice e.g interfere with witnesses
Or if the suspect should be Keith in custody for their own protection

23
Q

What are the reasons the court does not have to grant bail?

A

If they believe there’s substantial grounds for believing the suspect would:
Fail to surrender to custody
Commit an offence while on bail
Obstruct the court of justice e.g interfere with witnesses
Or if the suspect would be kept in custody for their own protection

24
Q

What factors should the court consider when granting bail?

A

The nature and seriousness of the offence
The character, associations and community ties of the defendant
Whether the defendant has surrendered to bail on previous occasions
Strength of evidence against him

25
Q

What type of matter is bail?

A

A pre-trail matter, decided in the EAH

26
Q

Who can grant bail?

A

The custody officer, police and the courts

27
Q

When can bail be refused if the defendant is charged with an offence not punishable with imprisonment?

A

When the defendant has failed to surrender to bail before

28
Q

What conditions can the court impose on a stake T bail?

A

The same as the police (surrendering of passport, reporting to police or specific address at certain times and dates) but they may also order them to reside at a bail hostel

29
Q

What is a surety?

A

When another person promises to pay the court a sum of money if the defendant fails to attend court

30
Q

How do sureties in the U.K differ to the US?

A

Money is only paid if the defendant fails to attend

31
Q

Who can issue the requirement of a surety?

A

The police or courts

32
Q

How many renewed applications for bail are allowed?

A

Usually 1

33
Q

Who can appeal in terms of bail?

A

The defendant can appeal against the refusal to grant bail

The prosecution can appeal against the granting of bail

34
Q

Where are bail appeals heard?

A

By a judge in the crown court

35
Q

What does the bail (amendment) act 1993 allow?

A

The prosecution to appeal to a judge at the crown court against the granting of bail

36
Q

What gives the prosecution the right to appeal against the granting of bail?

A

The bail (amendment) act 1993

37
Q

What year was the bail (amendment) act?

A

1993

38
Q

What are the restrictions on granting bail?

A 
A person charged with an indictable offence such as murder or rape who has already served a custodial sentence for a similar offence will kinky be granted bail in exceptional circumstances 
Restrictions will be placed on defendants who have tested positive for certain class a drugs. Bail will only be granted if the court is satisfied if there's no significant risk of them offending again
39
Q

When may someone who tested positive for class a drugs be granted bail?

A

If the court feels they pose no significant risk of committing an offence while on bail

40
Q

What amended the bail act 1976 to put restrictions on those who test positive for class a drugs?

A

S19 of the criminal justice act 2003

41
Q

What does s19 of the criminal justice act 2003 do?

A

It amended the bail act 1976 and there’s now restrictions on those who test positive for class a drugs. They will only be granted bail if the court feels they pose no significant risk of committing an offence whilst on bail

42
Q

What are the advantages of the bail system?

A

There’s a reduction in the number of defendants on remand which means less cost to the government
The defendant can maintain employment and spend time with their family
The defendant is able to prepare for his trial and meet with their legal representative more easily

43
Q

What are the disadvantages of the bail system?

A

Too many people are refused bail, 20% of those in prison are awaiting trial. Some will be found not guilty but aren’t entitled to any compensation
60% of those convicted are given non-custodial sentences
There should be a presumption of innocent until proven guilty, therefore bail should rarely be refused
There’s not enough staff to monitor bail hostels
12% bailed fail to appear at trial
1/3 burglaries are committed whilst on bail

AS Law - The Criminal Process (4 decks)

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