Court Bail

Question 1

Intro

Answer 1

-Bail is when a suspect is released from custody on the agreement they will return to court/police station when required. Remand is the opposite keeping suspects in custody. Both the police and courts can grant bail but at different stages of prosecution or investigation. Police can grant pre charge bail s.37 PACE pre trial can be granted by both S.38 PACE and Bail act 1976 e.g. Gary Weddell and only courts and grant pre sentence bail (bail act 1976)
Both police and courts are public authorities so they are under a positive duty to respect suspects human rights including article 5 and 6 and the presumption of innocence

Question 2

When does bail transfer to the courts sphere

Answer 2

• s.4 bail act If police cannot or will not grant bail the suspect is to appear at the mags ASAP so deprivation of liberty is kept to a minimum
• Also only the court can grant the pre sentence bail under the bail act

Question 3

What are the stronger conditions the court can impose and which case made it easy to do so

Answer 3

Conditions

• curfew
• house arrest
• electronic tag
• bail hostel

The case of sharkey made it easier to impose conditions as they need only be necessary

Question 4

What is the no real prospect test is LASPO 2012

Answer 4

-Looks at if their will be a custodial sentence if no real prospect of this then suspect should be granted bail

Question 5

What happens if the court refuses bail?

Answer 5

• If bail is refused then a certificate of refusal is issued explaining why this refusal is not absolute so suspect can reapply for bail or under s.81 Superior courts act appeal the ruling
• However refusals are not easily over turned
• In addition to prosecution can appeal the granting of bail under the bail amendment act

Question 6

How does the charge of murder effect court bail

Answer 6

• In murder cases it will be much harder to get bail and s.115 CAJA gives crown court absolute jurisdiction.
• Bail is possible but only granted if there is no real risk of the suspect causing any physical or mental harm to anyone else as per s.114 CAJA so people like Heginbotham can get bail

Question 7

What does s.4 of the bail act do

Answer 7

s.4 bail act presumes that bail will be granted unless there are substantial grounds for doubting Ds behaviour

Question 8

What is s.25 CJPOA

Answer 8

If a suspect is a serious repeat offender then bail is possible but only under exceptional circumstances

Question 9

What is S.14 CJA

Answer 9

S.14 CJA if offence commuted while on bail e.g. Gary Weddell the bail is very unlikely