Bail

Question 1

What does being given bail mean?

Answer 1

the person is allowed to be at liberty until the next stage in the case

Question 2

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

Answer 2

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

Question 3

Who makes the decision to grant bail under what powers?

Answer 3

• The custody officer

- under s.38 of PACE as amended by CJPOA (1994)

Question 4

Under what circumstances can the custody officer refuse bail?

Answer 4

-If the suspects name and address cannot be discovered or is doubted to be true

Question 5

What can happen if a person granted police bail fails to attend the next stage of the case?

Answer 5

-The police have the right to arrest them

Question 6

What percentage of people charged with offences are granted police bail?

Answer 6

84%

Question 7

What can the conditions of conditional bail be?

Answer 7

• to surrender their passport
• to report at regular intervals to the police station
• To ask another person to stand surety for him

Question 8

What is the purpose of conditional bail?

Answer 8

• 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

Question 9

What must happen if the police refuse bail?

Answer 9

The suspect must be brought in front of the Magistrates Court at first possible opportunity

Question 10

How many of those who are charged out of 6 are granted police bail?

Answer 10

5 out of every 6

Question 11

What police power grants bail?

Answer 11

The Bail Act 1976

Question 12

Which section under bail gives a general right to bail?

Answer 12

Section 4 of the Bail Act 1976

Question 13

What 4 reasons can the court use to refuse bail?

Answer 13

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

Question 14

What 4 factors are considered when the court grants bail?

Answer 14

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

Question 15

If a defendant is charged with an offence not punishable by prison, what is the circumstance under which the court can refuse bail?

Answer 15

-If the defendant has previously failed to surrender to bail and have reasonable grounds for believing he won’t again

Question 16

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?

Answer 16

-Where the accused must reside, such as at home or at a bail hostel

Question 17

What is a court curfew and what does this entail?

Answer 17

• 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

Question 18

What is a surety?

Answer 18

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.

Question 19

In all cases bail can be refused if there are reasonable grounds for believing the defendant would… (3)

Answer 19

1) fail to surrender
2) Commit further offence
3) Interfere with witnesses

Question 20

How can a defendant appeal against a refusal of bail?

Answer 20

They can appeal to a judge at the Crown Court

Question 21

Why even in serious offences are defendants allowed the right to bail?

Answer 21

this is because the right to liberty is a human right and so the right to bail is therefore part of this right

Question 22

If a defendant aged over 18 was on bail during an alleged offence what is the law powers for this ?

Answer 22

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.

Question 23

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?

Answer 23

s.19 of the Criminal Justice Act 2003

Question 24

What did the amendment of s.19 of the CJA 2003 do?

Answer 24

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

Question 25

In murder cases who grants the defendant bail?

Answer 25

Only the Crown Court judge

-Magistrates no longer have power to grant bail in murder cases

Question 26

What is a prosecution appeal and what powers are in place for this?

Answer 26

The Bail (Amendment) Act 1993 gave the prosecution the right to appeal to a judge at the Crown Court against granting bail

Question 27

How did the Criminal Justice Act 2003 improve powers of the prosecution?

Answer 27

This extended the prosecutions power to appeal to all offences not just those where the offence involved carried a maximum of at least 5 years imprisonment

Question 28

What percentage of people are in prison on remand?

Answer 28

9% of the prison population

-about 8,000 people are held in remand in custody at any one time

Question 29

What percentage of those in remand at prison are actually sent to prison at the end of the case?

Answer 29

About 20%

Question 30

6,000 people a year are remanded in custody and found either guilty or not guilty but not given a custodial sentence , what does this mean?

Answer 30

• This means that theses peoples rights to liberty have been seriously interfered with
• These figures suggest too many people are being reminded in custody
• Number has been reduced in recent years

Question 31

Where would a person go on bail if they had no home address and why?

Answer 31

They would got to a bail hostel to live and be supervised to ensure that they will not commit offences while on bail

Question 32

What did the ‘Panorama programme of July 2007’ show? What are the limitations of this?

Answer 32

• This showed that electric tagging is not always successful in preventing re-offending while on bail.
• 6 muders
• 1,000 violent offences
• Limitation of this finding is that tagging is used for early realise prisoners and so not all these offences will have been committed by those just on bail

Question 33

What is the argument for the balancing of conflicting interests in favour of the individual who has been charged?

Answer 33

• Panorama programme July 2007

- There are a number of offenders who fail to answer to bail (do not attend court when required)