Lecture 11 Bail Flashcards
What is Bail?
Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they comply with the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required.
What are the three points a suspect can be released on Bail?
- In the street, otherwise known as street bail
- At the police station
- Bailed at the magistrates court
What are the two types of Bail?
- Unconditional bail
2. Conditional Bail
What happens if the bail conditions are broken?
They can be arrested and placed before the courts.
What are the two reasons not to release on bail?
- Serious offence (murder, sexual offence, GBH)
2. Failed to meet bail conditions previously
What must pre-charge bail conditions be necessary and proportionate to?
- the offence
- the victim
- protecting the public
- the circumstance of the suspect
What are the four reasons for bailing a suspect?
S30 PACE, Street bail to attend a police station
S37 and S47 of PACE for charging decision to be made
S34(5) PACE for further investigation
S38(1) PACE bail post charge
What does RUI mean?
Released under investigation
What did the Police and Crime Act 2017 introduce to prevent long periods of investigation and excessive bail conditions?
- 28 day limit to the use of pre-charge bail, authorised by an inspector, with subsequent extensions up to 3 months and beyond to be authorised by senior officers (superintendents or above and magistrates).
- Senior officers and magistrates to authorise extensions must have RGS that the individual under investigation to be guilty. The senior officer must also have RGB that:
- further time is needed for charging decision or further investigation needed
- the decision to charge is being made or the investigation is being conducted
- the use of pre change bail is still necessary and proportionate in all circumstances.
