Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

AS Law > Bail > Flashcards

Bail Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What does it mean?

A

At liberty until day of trial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the act?

A

The bail act 1976

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What is it amended by?

A

The criminal justice act 1988

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is the starting point?

A

The assumption that everyone is granted bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

4 circumstances where bail won’t be granted?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Why would someone not be granted bail if they would fail to surrender to custody?

A

They would be unlikely to turn up

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Why would someone not be granted bail if they would commit another offence whilst on bail?

A

They would be likely to commit another crime

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Why would someone not be granted bail if they would interfere with witnesses and obstruct the court of justice?

A

They may apply pressure to others and influence people’s stories

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Why would someone not be granted bail if they need to be kept in custody for their own protection?

A

The could damage others or even themselves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What does it mean by the probable method of dealing with it?

A

Which court will hear the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What does it mean by the defendants record re fulfilment of their obligations under previous grants of bail?

A

Is the D likely to turn up

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Why is the strength of evidence important?

A

If the evident is weak, the D is more likely to get bail

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

5 possible conditions required by the court to grant bail?

A 
Surrender passport
Curfew
Report to station 
Residence
Surety
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Why may someone have to surrender their passport?

A

They may abscond to another country

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Why may someone be given a curfew?

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Why may someone have to report to the police station?

A

To show that they haven’t left the country and are obeying the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Why may someone have a residence e.g. bail hostel?

A

To keep them out of danger of the public

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is a surety?

A

A person willing to pay a certain compensation if the D does not surrender to Bail/ turn up

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is the promise of a surety called?

A

A recognisance

20
Q

4 additional reasons why bail will not be granted?

A

Anti-terrorism crime and security act 2001
Criminal justice act 2003
Those charged with murder
Testing + for class A drugs

21
Q

Why is he ATCSA?

A

To foreign citizens who were suspected of being involved in terrorist activities

22
Q

When was the ATCSA?

A

2001

23
Q

What was the criminal justice act?

A

To adults who have committed the alleged offence whilst on bail

24
Q

When was the criminal justice act?

A

2003

25
Q

Will bail everyone granted to someone who takes class A drugs?

A

Only if there is no significant risk of offending whilst on bail

26
Q

Under what section states that the accused should be granted bail?

A

Section 4 of the bail act 1976

27
Q

In what type of offence can the right to bail be denied?

A

Indictable

28
Q

Who has power to grant bail?

A

Police and the courts

29
Q

The normal principles of the bail act 1976 are given in what section?

A

5.2.2

30
Q

What happens if the D is charged with an offence not punishable for imprisonment?

A

Then bail may be refused if they have previously failed to surrender

31
Q

What does conditional bail mean?

A

The D is free until their trial but must obey certain rules

32
Q

What does unconditional bail mean?

A

The D is free until the day of the trial

33
Q

What does remanded in custody mean?

A

The D will stay in prison until the day of their trial

35
Q

What does section 4 of bail state?

A

It assumes a general right or bail

36
Q

What does section 3 of bail state?

A

The court may impose conditions as a term of allowing bail

36
Q

What does section 4 state? (Quote)

A

Bail is “a right not a privilege”

37
Q

What 5 things will the court decide, inter alia?

A

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

38
Q

What does inter alia mean?

A

Amongst other things

39
Q

What are antecedents?

A

The defendants past records

41
Q

Can the D appeal against the refusal of bail?

A

Yes to a judge at the crown court

42
Q

Can the pros appeal?

A

Yes to a judge at the crown court

43
Q

Why may the pros appeal?

A

Appeal against granting bail for all offences punishable with imprisonment

44
Q

What happens if the D has an offence brought against them whilst on bail?

A

They won’t be granted bail ONLY if there is no significant risk of reoffending

45
Q

What happens if someone tests + for class A drugs?

A

Restrictions on their bail will be placed

46
Q

What does reprimand on bail hostel mean?

A

The D has to live in a residence until the day of their trial

47
Q

Why may someone have to live in a bail hostel?

A

It isn’t safe for them to live at their own home

48
Q

What does section 6 state?

A

As soon as the D doesn’t arrive for their trial, they are in “Breach of Absconding” and can have a warrant issued

AS Law (17 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions