Bail Flashcards
What does being given bail mean?
the person is allowed to be at liberty until the next stage in the case
What are the requirements if someone is released on police bail if …
i) The police are making enquiries
ii) If the defendant has been charged with an offence
i) On the condition they return to the police station on a specific date in the future
ii) Condition they appear at the local Magistrates Court on a set date
Who makes the decision to grant bail under what powers?
- The custody officer
- under s.38 of PACE as amended by CJPOA (1994)
Under what circumstances can the custody officer refuse bail?
-If the suspects name and address cannot be discovered or is doubted to be true
What can happen if a person granted police bail fails to attend the next stage of the case?
-The police have the right to arrest them
What percentage of people charged with offences are granted police bail?
84%
What can the conditions of conditional bail be?
- to surrender their passport
- to report at regular intervals to the police station
- To ask another person to stand surety for him
What is the purpose of conditional bail?
- To ensure that the suspect surrenders to bail (attends)
- To make sure that the suspect doesn’t commit an offence while on bail
- To make sure witnesses aren’t interfered to subvert the course of justice
What must happen if the police refuse bail?
The suspect must be brought in front of the Magistrates Court at first possible opportunity
How many of those who are charged out of 6 are granted police bail?
5 out of every 6
What police power grants bail?
The Bail Act 1976
Which section under bail gives a general right to bail?
Section 4 of the Bail Act 1976
What 4 reasons can the court use to refuse bail?
If the court have substantial grounds for believing that the defendant if released on bail will…
1) Fail to surrender to custody
2) Commit an offence while on bail
3) Interfere with witnesses or otherwise obstruct the course of justice
4) For their own protection
What 4 factors are considered when the court grants bail?
1) the nature/seriousness of the offence
2) The antecedents (past record), character and community ties of the defendant
3) Defendants record in surrendering to previous bails
4) The strength of evidence against him/her
If a defendant is charged with an offence not punishable by prison, what is the circumstance under which the court can refuse bail?
-If the defendant has previously failed to surrender to bail and have reasonable grounds for believing he won’t again
In addition to the conditions of police conditional bail (surrendering of passport, report at regular intervals to police station, ask person for surety) what else can the court grant as a condition of bail?
-Where the accused must reside, such as at home or at a bail hostel
What is a court curfew and what does this entail?
- This is when the defendant has to be at his home address at set times (such as evening and night)
- Defendant is required to wear an electric tag
What is a surety?
A surety is another person who is prepared to promise to pay the court a certain sum of money if the defendant fails to attend court.
In all cases bail can be refused if there are reasonable grounds for believing the defendant would… (3)
1) fail to surrender
2) Commit further offence
3) Interfere with witnesses
How can a defendant appeal against a refusal of bail?
They can appeal to a judge at the Crown Court
Why even in serious offences are defendants allowed the right to bail?
this is because the right to liberty is a human right and so the right to bail is therefore part of this right
If a defendant aged over 18 was on bail during an alleged offence what is the law powers for this ?
s.14 of the Criminal Justice Act 2003 amended the Bail Act 1976 said that
‘he may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence on bail.
What power amended the Bail Act of 1976 to place restrictions on bail for adult offenders who have tested positive for specified Class A drugs?
s.19 of the Criminal Justice Act 2003
What did the amendment of s.19 of the CJA 2003 do?
Put restrictions on class A drug offenders where …
- The offender is charged with possession or in intent to supply
- The court believes the drugs contributed to the offence
- The defendant has refused to participate in an assessment on his dependancy of the drugs