Bail Flashcards
Where are the factors on whether or not to grant bail after charge found?
s38 Police and Criminal Evidence Act 1984.
What might some of the factors on whether or not to grant bail be?
Name and address of suspect is not known or is suspected to be false, commit another offence while bailed or interfere with witnesses.
What Act allows for conditional bail to be granted?
Criminal Justice and Public Order Act 1994.
Under what Act can bail only be granted by a Crown Court judge for a murder charge?
s115 Coroners and Justice Act 2009.
What conditions might be imposed on a suspect’s bail?
Surrendering passport, house arrest or reporting to a police station at regular intervals.
Why is bail good in principle?
Article 5 of European Convention of Human Rights states citizens have a right to liberty, bail upholds this.
What are some advantages of bail?
Reduces stress on prison services, people are allowed to go about their lives, bail hostels can give people a safe place to stay whilst maintaining their freedom.
What are some disadvantages of bail?
Risk to the public where charges are more serious, risk of interference with witnesses and people who commit further offences whilst on bail.
What is the crucial piece of bail legislation?
The Bail Act 1976 - gives general right to bail.