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AS Law LA1 > Bail > Flashcards

Bail Flashcards

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1
Q

What is bail?

A

Pre-trial matter to decide if a suspect should be remanded in custody or released pending trial

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2
Q

When may a person be released on bail?

A

Several points during criminal procedure:

  • After being arrested by the police
  • After being charged and before the trial
  • During the trial itself e.g. if an adjournment = needed
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3
Q

Do the police have the power to grant bail?

A

Yes
May release a suspect on bail whilst they make further enquiries
On the condition that they return on a specific date
‘Bailed to return’

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4
Q

Who in the police makes the decision to grant bail?

A

Custody officer

Under s38 PACE as amended by the Criminal Justice and Public Order Act 1994

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5
Q

Can bail be refused?

A

Yes for a variety of reasons

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6
Q

When can the police refuse to grant bail? (3)

A
  1. Suspect’s name + address cannot be discovered
  2. If police think that a suspect has given a false ID
  3. For their/ others protection
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7
Q

If a person fails to surrender to bail, what do the police have the power to do?

A

Arrest him

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8
Q

Where are the rules of bail contained?

A

Bail Act 1976

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9
Q

What does the Criminal Justice and Public Order Act 1994 allow the police to do?

A

Allows them to impose conditions on granting bail

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10
Q

What conditions can the police impose on granting bail? (4)

A
  1. Request the suspect to surrender their passport
  2. Reporting regularly to the police station
  3. Not interfering with witnesses
  4. Enforce a curfew
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11
Q

What happens if bail is not given by the police?

A

Suspect must appear in the Magistrate’s Ct at the earliest possible opportunity

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12
Q

What is the main Act on bail?

A

The Bail Act 1976

s4 states that = general assumption that a person should be given bail, but this right is limited in some cases

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13
Q

What does s4 of the Bail Act 1976 state?

A

That there is a general assumption that a person should be given bail
BUT this right is limited in some cases

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14
Q

Under what conditions does the courts not have to grant bail?

A

If = satisfied that = substantial grounds for believing that if suspect = released on B he would:

  • Fail to return to custody
  • Commit an offence
  • Interfere with witnesses/ otherwise obstruct course of justice

OR if they believe that the suspect should be kept in custody for his own protection

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15
Q

What are 4 factors a court will need to consider in deciding to grant bail or not?

A
  1. Nature/ seriousness of the offence
  2. Character, antecedents (previous conviction), associations and community ties of the D
  3. If D has surrendered to bail on previous occasions
  4. Strength of the evidence against him
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16
Q

If a D is charged with an offence not punishable with imprisonment, when can bail only be refused?

A

If they have previously failed to surrender to bail + there are grounds for believing that he will not surrender on this occasion

17
Q

What conditions can the courts impose on bail?

A

Similar to those that the police can set
Including: surrendering their passport, reporting to a police station at stated times/dates, reside at a specified address/ bail hostel

18
Q

What are sureties?

Who can require them?

A

Means another person = prepared to promise to pay the Ct certain amount of ££ if the D fails to attend Ct
No ££ = paid unless D fails to attend
US, the surety must be paid before bail is given
Can be required by either police or Cts

19
Q

Can you appeal against the decision on granting bail?

A

Usually only 1 further application can be made to the magistrates unless there = change of circumstances
D can appeal against refusal to grant B to a judge in the Crown Ct
The Bail (Amendment) Act 1993 gives prosecution the right to appeal to a judge at Crown Ct against granting B
If D has been sent for trial at the Crown Court, he may apply for bail there also

20
Q

How can the D appeal against the decision not to grant bail?

A

To a judge in the Crown Ct

OR if D has been sent for trial at Crown Ct, he may be able to apply for B there also

21
Q

How can the prosecution appeal against the decision to grant bail?

A

The Bail (Amendment) Act 1993 gives the prosecution the right to appeal to a judge at Crown court against the granting of bail

22
Q

What are the restrictions on bail? (2)

A
  1. Where a person = charged with (attempted) murder, MS, (attempted) rape + has already served custodial sentence for sim. offence, only have right to B in exceptional circumstances
  2. s19 CJA 2003 amended the Bail Act 1976 + places restrictions on B for adult offenders who = tested +ve for specified Class A drugs in certain circumstances. Only granted bail if = no significant risk of committing an offence on B
23
Q

3 advantages of the bail system?

A
  1. Reduction on the number of D’s on remand, lower costs for G
  2. Maintain employment + spend time with their family during this period
  3. D = able to prepare for the trial + meet with their legal representatives more easily
24
Q

6 disadvantages of the bail system?

A
  1. Been argued that too many people = refused B, 20% of those in prison = awaiting trial. Some of those = found NG but won’t be entitled to compensation for their time spent in custody
  2. Even those convicted, 60% get non custodial sentences
  3. Should be a presumption of innocence until proven G, therefore B should be rarely denied
  4. B hostels = understaffed, not able to monitor D, therefore commit more offences
  5. Home Official Stats - 12% of bailed offenders fail to appear at trial
  6. 1/3 burglaries = said to be committed whilst on B
25
Q

What is electronic tagging?

A

Similar to bail in a sense
Theoretically, it alerts the police if people go to areas/ places that are not permitted in their conditional bail
It doesn’t always work as planned as suspects have committed further offences whilst being tagged on bail

26
Q

According the Home Official statistics what % of bailed offenders fail to appear at trial?

A

12%

27
Q

Where are the courts powers to grant bail contained?

A

The Bail Act 1976

28
Q

What did the Criminal Justice and Public Order Act 1994 previously say about B for murder, rape of MS charges?

A

B would be automatically denied if he had already served a custodial sentence for similar offence
BUT ECtHR: breach to right to liberty (Art 5) + right to fair trial (Art 6 ECHR) in case of Caballero
As a result, UK changed law under Crime and Disorder Act 1998 - B = now allowed in ‘exceptional circumstances’
- seen to be in line with HR

29
Q

What did the ECtHR say in the case of Caballero?

What happened as a result?

A

Automatic denial of B for those charged of M/rape/MS who previously served custodial sentence for similar offence (CJPOA 1994) = breach of the ECHR (Art 5 + 6)
UK changed law under Crime and Disorder Act 1998
- those charged with a serious offence + has previous convictions CAN be granted B in ‘EXCEPTIONAL CIRCUMSTANCES’
Seen to be in line with HR (even though unlikely to happen)

30
Q

What did s115 Coroners and Justice Act 2009 do to the police powers of granting bail?

A

Removed their power to grant bail for murder charges

Crown Cts = now the only ones who have this power + have discretion in applying it or not

31
Q

What happens once a suspect is charged?

A

Must appear at local Mag Ct at agreed time + date

32
Q

What happens if the police refuse to grant bail?

A

Suspect must appear at Mag Ct at earliest opportunity

AS Law LA1 (13 decks)

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