Bail Flashcards
What does it mean?
At liberty until day of trial
What is the act?
The bail act 1976
What is it amended by?
The criminal justice act 1988
What is the starting point?
The assumption that everyone is granted bail
4 circumstances where bail won’t be granted?
Fail to surrender to custody
Commit another offence whilst on bail
Interfere with witnesses and obstruct court of justice
Kept in custody for their own protection
Why would someone not be granted bail if they would fail to surrender to custody?
They would be unlikely to turn up
Why would someone not be granted bail if they would commit another offence whilst on bail?
They would be likely to commit another crime
Why would someone not be granted bail if they would interfere with witnesses and obstruct the court of justice?
They may apply pressure to others and influence people’s stories
Why would someone not be granted bail if they need to be kept in custody for their own protection?
The could damage others or even themselves
What does it mean by the probable method of dealing with it?
Which court will hear the case
What does it mean by the defendants record re fulfilment of their obligations under previous grants of bail?
Is the D likely to turn up
Why is the strength of evidence important?
If the evident is weak, the D is more likely to get bail
5 possible conditions required by the court to grant bail?
Surrender passport Curfew Report to station Residence Surety
Why may someone have to surrender their passport?
They may abscond to another country
Why may someone be given a curfew?
So the D has to be in a specified place in a specified time - most crimes occur at night meaning that they won’t be able to commit crimes as they had been issued a curfew
Why may someone have to report to the police station?
To show that they haven’t left the country and are obeying the law
Why may someone have a residence e.g. bail hostel?
To keep them out of danger of the public
What is a surety?
A person willing to pay a certain compensation if the D does not surrender to Bail/ turn up
What is the promise of a surety called?
A recognisance
4 additional reasons why bail will not be granted?
Anti-terrorism crime and security act 2001
Criminal justice act 2003
Those charged with murder
Testing + for class A drugs
Why is he ATCSA?
To foreign citizens who were suspected of being involved in terrorist activities
When was the ATCSA?
2001
What was the criminal justice act?
To adults who have committed the alleged offence whilst on bail
When was the criminal justice act?
2003
Will bail everyone granted to someone who takes class A drugs?
Only if there is no significant risk of offending whilst on bail
Under what section states that the accused should be granted bail?
Section 4 of the bail act 1976
In what type of offence can the right to bail be denied?
Indictable
Who has power to grant bail?
Police and the courts
The normal principles of the bail act 1976 are given in what section?
5.2.2
What happens if the D is charged with an offence not punishable for imprisonment?
Then bail may be refused if they have previously failed to surrender
What does conditional bail mean?
The D is free until their trial but must obey certain rules
What does unconditional bail mean?
The D is free until the day of the trial
What does remanded in custody mean?
The D will stay in prison until the day of their trial
What does section 4 of bail state?
It assumes a general right or bail
What does section 3 of bail state?
The court may impose conditions as a term of allowing bail
What does section 4 state? (Quote)
Bail is “a right not a privilege”
What 5 things will the court decide, inter alia?
Nature/Seriousness
Probable method of dealing with it
Antecedents
D’s recored re-fulfilment of their obligations under previous grants of bail
Strength of evidence
What does inter alia mean?
Amongst other things
What are antecedents?
The defendants past records
Can the D appeal against the refusal of bail?
Yes to a judge at the crown court
Can the pros appeal?
Yes to a judge at the crown court
Why may the pros appeal?
Appeal against granting bail for all offences punishable with imprisonment
What happens if the D has an offence brought against them whilst on bail?
They won’t be granted bail ONLY if there is no significant risk of reoffending
What happens if someone tests + for class A drugs?
Restrictions on their bail will be placed
What does reprimand on bail hostel mean?
The D has to live in a residence until the day of their trial
Why may someone have to live in a bail hostel?
It isn’t safe for them to live at their own home
What does section 6 state?
As soon as the D doesn’t arrive for their trial, they are in “Breach of Absconding” and can have a warrant issued
