LA1: Bail* Flashcards
1 Right
General Right to Bail:
Section 4 Bail Act 1976
3 Exceptions
Exceptions to right (won’t be granted bail)
Schedule 1 Bail Act 1976:
- Fails to surrender to custody
- Could commit an offence while on Bail
- May interfere with witnesses or obstruct justice
5 Considerations
Decide whether to give Bail, uses considerations ( Schedule 1 Part 1 Paragraph 9 Bail Act 1976):
- The nature and seriousness of the offence
- D’s character antecedents, associations and community ties
- D’s record in respect of previous Bail grants
- Strength of evidence against them
- Any other considerations
7 Conditions Reasons
2 Types of Bail
Unconditional: Released and given date to come back to court.
Conditional: Judge may add conditions to bail.
Section 3 (6) Bail Act 1976 gives power to add conditions so that the defendant:
- Surrenders to custody
- Doesn’t commit offence while on bail
- Doesn’t obstruct justice/Interfere with witnesses
- Makes themselves available to enable any reports/enquires to be made to assist court with dealing with offence
7 Conditions
Section 3 (6) Bail Act 1976:
Possible Conditions:
- Reside at a particular address
- Don’t contact victims/witnesses
- Don’t go into certain area ( Drawn on map)
- Surrender passport
- Report to police station (at particular time daily/weekly etc.)
- Submit to curfew and wear a tag
- Pay money into court (surety) will be forfeited if you don’t show up
1st Amendment:
Repeat Serious Offenders Only get Bail in ‘Exceptional Circumstances’
SECTION 25 CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994: Barred granting bail in cases of:
Murder, Attempted Murder, Manslaughter, Rape or Attempted Rape ; Where D had already served time for one of these previously.
Total ban of Bail breach of ARTICLE 5 EUROPEAN CONVENTION ON HUMAN RIGHTS, CABALLERO V UK.
CRIME AND DISORDER ACT 1998:
New Act says: D can only be granted bail in ‘Exceptional Circumstances’ for these crimes.
2nd Amendment:
Restrictions on Bail for Adult Drug Users
SECTION 19 CRIMINAL JUSTICE ACT 2003:
Bail won’t be granted for an imprisonable offence if D tests positive for Class A drugs (in connection with offence) and refuses treatment.
If D on Bail when they committed offence, bail should be refused unless there’s no risk they will offend again while on Bail.
3rd Amendment:
Magistrates Cannot Give Bail For Murder
CORONERS AND JUSTICE ACT 2009:
Bail applications for Murder can only be heard in Crown Court, may not be granted Bail unless Crown Judge thinks theres no risk of them committing offence that will cause injury whilst on Bail.
4th Amendment:
No Real Prospect Test
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012
LASPO
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012 (LASPO):
Made to stop Magistrates remanding people into custody.
Bail should give Bail if there is No Real Prospect that they will receive a Custodial Sentence for their offence.
5th Amendment:
New Exception to Bail rights in Domestic Violence cases
LASPO 2012
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012:
Stops D getting Bail in Domestic Violence cases if there is a risk they will reoffend, gives them time to ‘Cool Off’
6th Amendment:
Prosecution right to Appeal where Bail has been Granted
LASPO 2012
LEGAL AID SENTENCING AND PUNISHMENT OF OFFENDERS ACT 2012:
Prompted by Jonathan Vass 2010: Prosecution have right to appeal against Bail decision if the judge gives Bail to person charged with an imprisonable offence.
What if Judge Refuses Bail?
If Refused Bail:
They will remand the Defendant in custody for a period of time until next court hearing.
Can D Appeal?
Yes. Appeal to Crown Court, 1st and 2nd applications can have same reasons. Any applications after 1 and 2, must have a new reason each time. You can apply as many times as you want.
Being in a Remand Wing
If denied Bail:
D taken to prison nearest home, put into remad wing with others who were refused Bail.
Can have as many phone calls and visitors as you want, you can also wear your own clothing.
Time spent on remand is deducted from custodial sentence.
Criticisms:
Average time in remand 12 weeks. You lose connection with society and often lose; Job, Home, Family and cannot attend rehabilitation schemes.
Remand prisoners get no financial aid on release, could be held for as long as 12 months.
Half of prison suicides are in Remand Wings.
Police Bail
There is NO Right To Bail in a Police Station.
The police can hold you for 96 hours (longer if charged under Terrorism Act 2006)
Where can Police grant Bail?
- On the Street: Section 4 Criminal Justice Act 2003, police make arrest on street (drunk & disorderly etc.) and release you on condition you go to station at specific date and time.
- Bail Before being Charged: Police and Criminal Evidence Act 1984 (PACE) gives police a chance to collect evidence against you. Must report to station at regular intervals. Police Detention and Bail Act 2011: allows police to grant bail for as long as they want, backdated to 1984.
- Bail After being Charged: Section 27 PACE 1984. give bail on condition you return to corut for your first hearing. Cannot give conditions like judge can.
Criticisms of Bail:
Bail Act 1976
Old criticisms lead to Reform:
Original Act gave Bail to everyone, including murderers. Didn’t take into account habitual offenders (offend to fund habit). Allowed repeat serious offenders to have Bail.
New Criticisms:
Bail isn’t granted where it should be: Many people held on remand for offences that won’t recieve custodial sentences e.g. Driving Offences.
Government accused of pandering to society’s fears over Crime and Violence: stops people getting Bail, eroding right of ‘Innocent until proven Guilty’.
Magistrates accused of giving Bail to violent offenders: 2010, 67000 people committed crime while on Bail.
