Bail

Question 1

Legislation that set out bail

Answer 1

The Bail Act 1976

subsequent amendments in the Bail (Amendment) Act 1993

crime and disorder act 1998

Criminal justice act 2003

Coroners and justice act 2009

Question 2

Who can grant bail

Answer 2

Police

Magistrates

Crown court

Question 3

Presumption of bail

Answer 3

Presumption that bail should be granted unless there is good reason to refuse it

Question 4

Reasons for refusing bail

Answer 4

Failure to surrender to custody

Likely to commit further offences

Interference with witnesses or the course of justice

Question 5

Factors to be taking into account

Answer 5

Nature and seriousness of the offence

the antecedents of the defendant

any previous bail record

Strength of evidence against the defendant

Question 6

Unconditional bail

Answer 6

Suspect has to attend court at the specified time

Question 7

Conditional Bail

Answer 7

This is given if there are some risks giving unconditional bail

conditions can include (depends on risk factors):

residence - at a bail hostel or home address

curfew with tagging

handing in passport

reporting at a police station at specified times

exclusion zones

contact bans

Question 8

Restrictions granting bail (rebuttals of presumption)

Answer 8

for offence committed whilst on bail, bail can only be granted if court is satisfied there is no significant risk of further offending

Only granted in exceptional circumstances for murder, attempted murder, manslaughter, rape, or attempted rape if D has already served a sentence for such crimes

For murder, bail can only be granted by judge at crown court

Bail will be restricted for adult class A drug users under Criminal Justice Act 2003 in certain circumstances

Focus recently chained from ensuring right to liberty for the accused to ensuring public is protected

If no bail granted, suspect remains in custody

Question 9

Appeals for bail

Answer 9

D must be taken before magistrates at first opportunity if police refuse bail

Only one further application is allowed if bail is refused unless circumstances have changed

Appeal may be made to from a magistrates’ court against refusal of bail to a judge in crown court

Bail Amendment Act 1993 as amended by CJA 2003 gave prosecution right to appeal to judge in crown court against the granting bail for any imprisonable offence

Question 10

Discussion points for bail

Answer 10

• hard to balance protection of public and interfering with liberty when there’s a presumption of innocent before trial
• over 8000 prisoners on remand, very expensive
• 50% of those on remand are either found not guilty or given non-custodial sentences implies they should’ve been granted bail in the first place
• Thousands of people every year have liberty seriously interfered with - suggests too many people are being remanded in custody
• There are instances where whilst on bail an offender has committed violent crimes, some people given bail should have been remanded in custody
• The coroners and justice act 2009 has shifted balance towards protection of the public, may mean fewer of those suspected of serious offences will be given bail in future