Section B (criminal process Bail)

Question 1

what is bail

Answer 1

means any person arrested for, accused pf or charges with an offence should be released under a duty to attend court or the police station at a specified time. (release of defendant from custody until his next appearance). The bail can be granted by the police and the court.

Question 2

when can police grant bail?

Answer 2

the police can grant bail in 3 situations:
1- to a suspect released without a charge , on condition that they return to police station on a specific date under section 37 of PACE
where the person has not been charges he can be on bail for 28 days
2- to a d who has been charged , until their early administrative hearing at magistrates court.
3- street bail , for minor offences , without the need to take the person to police station.
conditional bail by police the conditions can include:
1- curfew
2- surrending passport
eg case: DJ DAVE LEE TRAVIS condition to live at his home

Question 3

when can court grant bail?

Answer 3

the court powers to grant bail are governed by the bail act.
the court bail factors would be :
1 seriousness of offence
2 past record
3 strength of evidence
the court can refuse bail if :
- the d commits crime while on bail
- fail to surrender yo bail
- domestic violence.

Question 4

what are other restrictions on bail?

Answer 4

1 - class a drugs CJA 2003 - d has tested + for class a drug
2- offence has been committed while on bail CJA 2003
3- offence is on murder

Question 5

advantages and disadvantages of bail?

Answer 5

1- bail enables the suspect to carry on with family life/ work however there is risk of re offending the crime
2- bail enables the suspect to prepare for his/her case however there is risk of interference with witnesses.
3- bail reduces stress on prison population , less cost to government however there is risk to public.
CASE E.G- JONATHAN VASS MURDERED HIS EX GIRLFRIEND WHILE ON BAIL JUDGE GAVE HIM BAIL , CONDITION- NOT TO GO NEAR HIS GF.