Bail Flashcards
What is the definition of bail
Giving someone their liberty until the next stage of the case
Who can grant bail?
Custody officer under pace
Magistrates court
Crown court for murder cases
Give 4 possible conditions of bail
1: surety
2: attend regular intervals at police station
3: surrender of passport
4: resident order
What are the 3 substantial grounds?
1: failure to attend custody
2: intervene with witnesses or obstruct the course of justice
3: commit an offence whilst on bail
What are the other factors?
Bail record
Criminal record
Strength of evidence
Nature and seriousness of crime
What does s4 of the bail act state
There is the general right to bail
What did LASPO 2012 introduce to amend the bail process
Introduced a no real prospect test.
If there is no real prospect that the defendant will receive a custodial sentence they have the general right to bail
How are repeat serious offences dealt with?
This is where a person has committed a serious offence more than once. E.g. Rape, murder,manslaughter etc.
Bail only given in exceptional circumstances
How are terrorism cases dealt with?
No general right to bail detained without trial
Offence committed whilst on bail
Not be given bail unless courts are satisfied there is no risk
How is bail dealt with by adult- drug users?
Under misuse of drugs act 1971,
If person is in possession of class A with intent to supply or consume only given bail in extreme circumstances, only if no risk of committing offence on bail
How the defendant appeal a bail decision
Yes to the crown court, automatic right of appeal
Can the prosecution appeal?
Yes to the crown court
How is bail given in murder cases
By the crown court
What is the problem with bail
Person is presumed innocent at this point in the case therefore should deserve bail.
Public need to be protected from a dangerous person
