Pre Trial Matters- Bail 😊 Flashcards
Bail definition
Temporary release of an accused person awaiting trial before they are due to be in court
Which act states the conditions for bail?
The bail act 1976
Where can the general right to bail be found?
Section 4 of the bail act 1976
Who has the right to grant bail and under what act and section?
Police under PACE 1984- section 38
Which act allows the police to put conditions on bail?
The criminal justice and public order act 1994
What happens if the police refuse to grant bail?
Goes to the magistrates court as soon as possible
For what reasons may the court refuse bail?
- previous record/ breach of bail
- interfere with witnesses/investigation
- danger to themselves and others
- likeliness of committing another offence
- likeliness of surrendering to bail
Reasons the court will take into consideration when deciding whether or not to grant bail….
- seriousness of the offence
- likeliness of the case getting dealt with
- the persons character and past record
- strength of the evidence against the defendant
What are sureties?
Another person who is prepared to promise to pay the court a sum of money if the defendant fails to attend court
When was the amendments made to the bail act 1976?
The bail amendment act 1993
What amendments were made to the bail act? X2
- bail could only be granted by the crown court for murder suspects
- the prosecution can appeal against a decision to grant bail
Which act and section explains class A drugs?
Section 19 of the criminal justice act 2003- no bail for suspects charged with the possession or positive reading for class A drugs
2 types of bail…..
- Unconditional
2. Conditional- with restrictions
What sort of conditions may be added to bail?
- Curfew
- Passport surrender
- Reporting back to the police station
- Sureties
- Residence ban
- Security
- Tagging
- Exclusion zone
