Bail

Question 1

Why would a suspect be refused bail? (principles not legislation)

Answer 1

If it’s believed…
They’ll abscond
They’ll interfere with investigation (witnesses or evidence)
They’ve breached previous bail conditions

Question 2

What is the main piece of legislation in bail refusals?

Answer 2

Criminal justice act 2003

Question 3

Explain legislation on bail refusals…

Answer 3

S14 CJA 2003 - bail refused if defendant was already on bail at time of offence
S18 CJA 2003 - prosecution can appeal against granting of bail for any imprisonable offence
S19 CJA 2003 - refused if test positive for class a drugs or if case is connected to them
S56 crime and disorder act 1998 - bail can only be granted for those who have committed an indictable offence in execution so circumstances

Question 4

Explain bail and indictable offences….

Answer 4

S25 of criminal justice and public order act 1994 allowed for someone who had committed an indictable offence to be granted bail if they had not already served in prison for a similar offence. In the case of Caballero v Uk (2000) that was seen as a breach of article 5 of the ECHR (right to liberty) so legislation was changed by s56 crime and disorder act 1998 so that bail can only be granted for indictable offence suspects in exceptional circumstances

Question 5

Debate around bail…

Answer 5

Initially bail was given too freely, 25% of those on bail offend, 13% don’t attend court, 1/3 burglaries committed while on bail

Then argued it was denied to often, 20% of those on remand are waiting trial. Many will be found not guilty and won’t be entitled to compensation

Question 6

Where does it state everyone has the right to unconditional bail unless mitigating factors….

Answer 6

S4 of bail act 1976

Question 7

Where is power for street bail set out….

Answer 7

S4 criminal justice act 2003

Question 8

What is street bail…

Answer 8

To grant bail at place of arrest

Question 9

Purpose of street bail…

Answer 9

Make procedure quicker as suspect doesn’t have to be taken to station and wait while lengthy paper work is filled out

Question 10

Main act on police bail?

Answer 10

Police and criminal evidence act 1984

Question 11

Who issues police bail?

Answer 11

Custody officer

Question 12

What is pre-charge bail?

Answer 12

Bail before charge because the investigation is ongoing or cps is deciding if there’s enough evidence to charge

Question 13

Where is pre-charge bail set out?

Answer 13

S37 a PACE 1984

Question 14

What is post-charge bail?

Answer 14

Police may release someone on bail who has been charged

Question 15

Where is post charge bail set out?

Answer 15

S37 (7) PACE 1984

Question 16

Where is court bail set out?

Answer 16

Bail act 1976

Question 17

How is court bail different from police bail?

Answer 17

Different jurisdictions. Court can bail for suspects protection.
They’re allowed to consider factors police can’t eg nature and seriousness of offence, suspect character and community ties, strength of evidence against him

Question 18

What is unconditional bail?

Answer 18

No restrictions imposed on bail. They must attend court when told to

Question 19

What conditions can police and courts impose?

Answer 19

Surrender passport
Reside at stated address
Regular visits to police station

Question 20

What conditions can only the court impose?

Answer 20

Make them reside at bail hostel
Electronic tag
Sureties (money/asset promised by 3rd party)
Curfew

Question 21

Advantages of bail…

Answer 21

Less people on remand, less cost to the government
Defendant can maintain employment and spend time with family
Defendant can prepare for trial and meet up with legal representative more easily

Question 22

Disadvantages of bail…

Answer 22

To many refused bail, 20% of people in prison on remand. Many won’t be convicted and won’t receive compensation
Too many granted bail, 13% skip bail, 25% commit offences on bail, 1/3 of robberies on bail
Should be a presumption of innocence, bail should not be denied
Not enough staff for bail hostels