criminal courts bail

Question 1

explain pre-charge bail (police bail)

Answer 1

1)when a suspect is released without charge while under investigation on the constitution, they return to the police station on a specific date to follow bail conditions.

Question 2

what conditions can pre-charge bail set (police bail)

Answer 2

1)set time limits: introduced in 2017 under policing crime ac. it lasts for 28 days, but this can be extended if the police apply for an extension.
2)restrictive: places legal obligations on the suspect
3)RUI(releasing under investigation): Suspects are not subject to specific bail conditions or time limits, e.g., travel.

Question 3

problems with pre-charge bail ( police bail)

Answer 3

1) Suspects are often left in limbo with no updates on their cases, and the average length of time suspects are released under investigation is over 200 days. this lack of time limit and the number of suspects RUi can also cause victims serious concern

Question 4

what is Kay’s law (police bail)

Answer 4

1)named after Kay Richardson, she was murdered by her husband after police released her while he was under RUI for raping Kay
2)lead to measures being put in place to protect victims from domestic abuse
3) also increased pre-charge bail

Question 5

when can a custody officer refuse bail? (police bail)

Answer 5

if the suspect name and address cannot be discovered, or if there is doubt as to whether the name and address given are genuine

Question 6

what else can police bail do(police bail)

Answer 6

1) can grant “street bail” for minor offenses without taking them to the police station. S4 Criminal Justice Act 2003.

Question 7

explain R v Hookway 20011

Answer 7

1) The Police and Criminal Evidence Act 1984 states that police officers cannot detain a suspect for more than 96 hours before they must release or charge them. after 96 hours, officers can no longer question suspects and only re-arrest them.

Question 8

what are the results of R v Hookway

Answer 8

Subsequent emergency legislation, the police(Detention and Bail Act 2011) reversed the effect of R v Hookway 2011, which means that periods on bail do not count towards the total detention period.

Question 9

what are the factors considered when granting bail(court bail)

Answer 9

under Schedule 9 Bail Act 1976- factors taken into consideration are :
-nature and seriousness of the offense
-the character, record, associations, and community ties of the defendant.
-defendant’s record on surrendering to bail on previous conditions

Question 10

what is court bail

Answer 10

S4 Bail Act 1976 - there is a presumption that everyone should be granted bail.

Question 11

when would bail not be granted? (court bail)

Answer 11

1)failing to surrender t custody
2)commit an offense while on bail
3)interfere with the witness or otherwise obstruct the course of justice
4) the suspect needs to be kept in custody for their protection

Question 12

what was the new exception by court bail

Answer 12

Legal Aid, Sentencing and Punishment of Offender Act 2012 introduced a new exception:
- commit an offense against an “associated person” In a domestic violence case.

Question 13

explain conditional bail

Answer 13

1) conditions can be imposed on bail by the police and the courts - Criminal Justice and Public Order Act 1994

Question 14

what are examples of conditional bail

Answer 14

1)curfew
2)electronic tagging
3)surrendering passport
4)reporting regularly to the police station
5)residence at a bail hostel (place to reside if, no other place is suitable)

Question 15

explain the Ryan clear case stating what he did and the conditions imposed on his bail

Answer 15

1)What he did was he was accused of hacking the serious organized crime agency through the DDOS website and was released on conditional bail.
2)condition: observe a curfew between 21:00 and 7:00 BST and be electronically tagged.
-cannot go online and leave the house unless 1 parent assists him

Question 16

why were so many amendments made to the Bail Act of 1976

Answer 16

due to concerns over being given to freely and those given bail committing further offenses

Question 17

state all 6 sections of the Bail Act 1976

Answer 17

1)s25 Criminal Justice and Public Order Act 1994
2)s56 Crime and Disorder Act 1998
3)s24 Anti-terrorism, Crime and Security Act 2001
4)S14 Criminal Justice Act 2003
5)s18 Criminal Justice Act 2003
6)S19 Criminal Justice Act 2003

Question 18

explain s25 Criminal Justice and Public Order Act 1994

Answer 18

1)courts barred from granting bail in cases of murder, manslaughter, and rape, where the defendant had served a custodial sentence for such an offense.
however, this was held to be a breach of Article 5 ECHR

Question 19

explain s56 Crime and Disorder Act 1998

Answer 19

1) the defendant can only be granted bail in serious cases if the court is satisfied that there are exceptional circumstances

Question 20

explain s24 Anti-terrorism, Crime and Security Act 2001

Answer 20

all bail applications from suspected international terrorists should be made to the special immigration appeals commission

Question 21

explain S14 Criminal Justice Act 2003

Answer 21

if the defendant was on bail for another offence at the date of the offence, bail should be refused unless the court is satisfied that there is no significant risk that they will commit another offence

Question 22

explain s18 Criminal Justice Act 2003

Answer 22

the prosecution can appeal against the granting of bail for any imprisonable offense

Question 23

explain the S19 Criminal Justice Act 2003

Answer 23

bail will not be granted for an imprisonable offense where the defendant has tested positive for a class A drug and where the offense is connected with class A drugs.

Question 24

what does the S90 Legal Aid, Sentencing and Punishment of Offenders Act 2012 state

Answer 24

“no real prospect test”- courts’ power to refuse bail is restricted where it appears that there is no real prospect that the defendant would receive a custodial sentence if convicted.

Question 25

explain the Jonathan Vass case and how it impacted “balance”

Answer 25

1)he was involved in a violent assault
2)he release on bail were for rape charges and then shifted toward protecting public
3)focused on the potential threat he posed to the community.
4)granting or denying would depend on protecting the public or right to a fair trial

Question 26

explain the Gary Weddell case and how it impacted “balance”

Answer 26

1)granted bail after being charged with the murder of his wife
2)showed risks of the offender on bail
3) emphasized stricter terms needed–>tiled balance toward preventing harm to the public

Question 27

explain the Karen Matthews case and how it impacted “balance”

Answer 27

1)was granted bail during the investigation of her daughter’s fake kidnapping
2)showed defendant’s ability to manipulate the legal system
3)led to stricter conditions around bail for fraud
4) ensured bail conditions didn’t overlay or infringe on rights on non-violent crimes

Question 28

what are the advantages of bail?

Answer 28

1) A reduction in some defendants in imprisonment means less cost to the government.
2) the defendant can maintain employment and spend time with their family during bail
3) the defendant can use the time to prepare for trial

Question 29

disadvantages of bail

Answer 29

1) there has been a disparity in the interpretation of te bail act 1976 in different courts
2)risk of the defendant interfering with witnesses and be hostile
3)12% of bailed offenders fail to appear to their trial
4)bad statics on many offenses committed who are on bail e.g. 1/3 of burglaries committed by people on bail.