Release of Person arrested

Question 1

Street bail - Auth by insp
Can impose conditions but not surety/security/bail/hostel
Max 28 days (c/not extend u/less suspect is inpatitent)
Request to vary conditions to rel. officer (custody sgt) @ PS bailed to.
If taken to non des. PS after arrest/bail - Max 6hrs.
Can arrest on fresh evidence.
Can arrest if reas. grounds SUSPECT broke bail conds.
C/not change bail date to an earlier date.
If arrest on fresh evidence after PACE clock exp., Fresh evidnce must not have been available prior to exp.

Bail 47/3
Applicable bail period starts day after day arrested.
Max 28 days (u/less serious fraud offence = 3 mths)
Can change bail date if on bail for other offences and charge decision likely to be sooner (bring forward only).

Supt bail up to 3 mths (DP & sols invited to make reps) subject to 4 conds.

• SUSPECT DP guilty
• BEL further time needed for charge/inv
• BEL being diligent/expeditious
• Bail necessary and prop in all circs.

In designated cases (CPS deem exceptionally complex) can auth up to 6 mths.

Answer 1

Mags can auth 3/6 mths ext if conds (except guilt) met.
Can w/hold sensitive info for bail app if reas BELIEVE;
- Info lead to int. evidence
- Person will be harmed
- Suspect escape arrest for ind. offence
- Hinder recovery of property for ind. offence

CPS for charge decision - Bail clock susp
If CPS task w/in 7 days b4 bail date, can ext to 7 days

No bail - (att) murder, manslaughter, (att) rape if have precons for them.
Only Crown Court judge can bail for murder if no risk of absconding.

Pre-charge bail conds re travel - Not leave UK, 1 mile of Ireland, surrender travel docs, not possess/seek travel docs.

EIther way offender therefore can att to breach these bail conds.

Question 2

Grounds for refusing bail
KIV for Drugs Testing under s63b

s.3 Bail Act 1976 = Custody Officer to
- prevent FTA
- Prevent further offences
- prevent interfere witnesses/obstruction justice
- Protection (welfare of juvenile)
C/not bail away from H/A unless exceptional circs.
Can prevent attendance at Hunt Meetings etc

Change of bail conditions = @ same PS
If no bail conds set, can apply to mags to impose or RIC if new evidence comes to light

Answer 2

Surety (c/not be own and can only use to ensure attend court)

Courts can request Insp to ensure surety
Surety must take all reasonable steps to ensure attend court.
Security only to ensure they attend court.

Acknowledging bail in name of another = Forgery Act 1861 = 7yrs indic.

Aged 12>18yrs = LA care unless serious harm criteria met.
If 10/11yrs MUST = LA care unless impractical (ie weather)

Live link bail to be treated as attending court. Can search Def when answering bail (same sex PC/CDO)

If leave court b4 proceedings can issue FTA Warrant.

Question 3

PC can arrest on bail if;
- BELIEVE person LIKELY to break conditions
- SUSPECT has broken conditions
If surety WRITES that def unlikely to attend court and wants to relinquish responsibility.

B4 court w/in 24hrs arrest. If for murder, b4 Crown Court judge.

FTA (bail set by police) = summary offence
Can charge if proceedings are w/in 6 months of offence
OR w/in 3 mths of person surrendering to custody (or arrested)
OR if put b4 next court in connection with the offence.

Answer 3

Mags can Remand to Police custody 
if 18yrs for 24hrs
o/wise not > 3 clear days
-to inquire into other offences
- as soon as need ceased bring back b4 Mags
- PACE reviews etc apply