Bail Flashcards
What is bail?
Pre-trial matter to decide if a suspect should be remanded in custody or released pending trial
When may a person be released on bail?
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
Do the police have the power to grant bail?
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’
Who in the police makes the decision to grant bail?
Custody officer
Under s38 PACE as amended by the Criminal Justice and Public Order Act 1994
Can bail be refused?
Yes for a variety of reasons
When can the police refuse to grant bail? (3)
- Suspect’s name + address cannot be discovered
- If police think that a suspect has given a false ID
- For their/ others protection
If a person fails to surrender to bail, what do the police have the power to do?
Arrest him
Where are the rules of bail contained?
Bail Act 1976
What does the Criminal Justice and Public Order Act 1994 allow the police to do?
Allows them to impose conditions on granting bail
What conditions can the police impose on granting bail? (4)
- Request the suspect to surrender their passport
- Reporting regularly to the police station
- Not interfering with witnesses
- Enforce a curfew
What happens if bail is not given by the police?
Suspect must appear in the Magistrate’s Ct at the earliest possible opportunity
What is the main Act on bail?
The Bail Act 1976
s4 states that = general assumption that a person should be given bail, but this right is limited in some cases
What does s4 of the Bail Act 1976 state?
That there is a general assumption that a person should be given bail
BUT this right is limited in some cases
Under what conditions does the courts not have to grant bail?
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
What are 4 factors a court will need to consider in deciding to grant bail or not?
- Nature/ seriousness of the offence
- Character, antecedents (previous conviction), associations and community ties of the D
- If D has surrendered to bail on previous occasions
- Strength of the evidence against him
If a D is charged with an offence not punishable with imprisonment, when can bail only be refused?
If they have previously failed to surrender to bail + there are grounds for believing that he will not surrender on this occasion
What conditions can the courts impose on bail?
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
What are sureties?
Who can require them?
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
Can you appeal against the decision on granting bail?
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
How can the D appeal against the decision not to grant bail?
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
How can the prosecution appeal against the decision to grant bail?
The Bail (Amendment) Act 1993 gives the prosecution the right to appeal to a judge at Crown court against the granting of bail
What are the restrictions on bail? (2)
- 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
- 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
3 advantages of the bail system?
- Reduction on the number of D’s on remand, lower costs for G
- Maintain employment + spend time with their family during this period
- D = able to prepare for the trial + meet with their legal representatives more easily
6 disadvantages of the bail system?
- 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
- Even those convicted, 60% get non custodial sentences
- Should be a presumption of innocence until proven G, therefore B should be rarely denied
- B hostels = understaffed, not able to monitor D, therefore commit more offences
- Home Official Stats - 12% of bailed offenders fail to appear at trial
- 1/3 burglaries = said to be committed whilst on B
What is electronic tagging?
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
According the Home Official statistics what % of bailed offenders fail to appear at trial?
12%
Where are the courts powers to grant bail contained?
The Bail Act 1976
What did the Criminal Justice and Public Order Act 1994 previously say about B for murder, rape of MS charges?
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
What did the ECtHR say in the case of Caballero?
What happened as a result?
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)
What did s115 Coroners and Justice Act 2009 do to the police powers of granting bail?
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
What happens once a suspect is charged?
Must appear at local Mag Ct at agreed time + date
What happens if the police refuse to grant bail?
Suspect must appear at Mag Ct at earliest opportunity
