Bail and remands Flashcards
Under what act is bail governed by?
Bail Act 1976
what is bail defined as?
bail grantable in or in connection will proceedings for an offence to a person who is accused/ convicted of offence or bail grantable in connection w/ an offence to a person who is under arrest for the offence or for whole arrest for the offence a warrant is being issued.
name two ways an accused person can be remanded in the magistrates court?
can be in custody or on bail.
when can a person not be granted bail and is there an exception?
can be granted bail for murder unless granted by Crown Court judge
what are the three points in which the court will not grant D bail where it is satisfied that there are “substantial grounds” for believing?
fail to surrender
commit an offence whilst on bail
interfere w/ witnesses or otherwise obstruct the course of justice.
where the matter is punishable with life imprisonment. can the court refuse bail?
yes.
true or false:
Where D absconds, the chances of him being granted of bail will be limited?
true
when deciding whether D will fail to surrender, what must the court have regard to?
his record and compliance with previous grants of bail.
When might D appeal to the Crown Court?
when magistrates have refused bail.
