Police Bail Flashcards
Intro
-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
What contain the presumption of bail?
S.4 bail act 1976
What governs police bail
S.37 and s.38 PACE
What does s.36 of PACE do?
Custody office has to review evidence against suspect to see if charging immediately is possible if not detention can be authorised for 24 hours under s.41 PACE
What is s.37 PACE
- Pre charge bail following arrest can be granted if there is insufficient evidence to keep them detained or to charge
- Custody officer should be aware of custody clock limit 96 hours s.44 PACE
- However detention clock doesn’t continue when suspect is on bail reversing Hookway via police detention and bail act
What’s does the police and crime act 2017 mean for s.37
- Police and crime act now contains a presumption of freedom rather than bail freedom. Bail can still be imposed but it must be necessary and conditions must be justified
- Bail must be reviewed after 28 days which can be extended to 3 months with super intend approval and beyond with mags approval
- This protects suspects more and limits police slightly
What is s.38
Pre trial bail: Bail should be granted when a suspect has been charged with an offence unless
- Doubt about suspect address
- Detention is necessary to protect the suspect
- To protect others from the suspect
- There is a danger suspect won’t answer to bail -The suspect may interfere with the witnesses or administration of justice
What is s.25 CJPOA 1994
-After Caballero v UK if a suspect is a repeat serious offender (Attempted/Murder, attempted/Rape, Manslaughter) bail is possible but only in exceptional circumstances
What is s.14 Criminal justice act
If offence was committed while on bail e.g. Adam Swellings or Gary Weddell bail is very unlikely
What is S.115 Coroners and Justice Act (CAJA)
Police cannot grant bail if the charge is murder suspect must appear before the crown court ASAP but within 48 hours after first appearance at Mags
What is s.114 CAJA
Supports s.115 confirms bail will not be granted unless the suspect poses no significant risk of harm physical or mental to another therefore bail is possible but unlikely (think Heginbotham compared with Gary Weddell)
What is s.27 Criminal justice and public order act
Police have the power to grant bail with conditions imposing conditions to maintain the right of the suspect to liberty while trying to protect the public and prevent interference with the case
What is s.29 CJPOA
Police have the power to arrest suspect for breaching their bail conditions
List bail conditions the police can put in place
- Attendance at police station
- live at particular address
- Geographical exclusions
- Surrender passport
- Surety e.g. Gary Weddell
What do s.4 CJA
Allows police to give street bail
