Week 2 - Bail Flashcards
S25 criminal justice and public order act 1994….
States bail will only be granted in the most exceptional circumstances if the defendant has a previous conviction for what?
Muder Attempt murder Manslaughter Rape Attempt rape
Such previous convictions are relevant at all times however when they are being charged with one of these stated offences and have a previously conviction for one of them, then bail will be refused (bail only granted in the most exceptional circumstances).
S38 PACE 1984
Is it enough to refuse bail if the defendant refuses to give name and address?
No.
Only relevant if their address cannot be ascertained.
Can bail be refused on grounds that defendant may interfere with the administration of justice when there are police enquiries still outstanding?
or where other suspects are still to be arrested?
No.
It is grounds for refusing bail but doesn’t apply for purpose of police making further enquiries or where other suspects still to be arrested
S3 bail act 2976
Who can vary the bail conditions set by custody officer?
Any custody officer at the same police station on request of defendant
In doing so the custody officer may impose conditions or more onerous conditions
S128 magistrates court act 1980
Provides that a magistrate can remand a person to police custody for a period not exceeding 3 days for what reason?
And how long is this period if that person is under 18?
For the purposes of enquiries into offences other than the offence for which they have veen arrested / may be charged with
24hrs for person under 18
Surety (or security) for a child?
Can Parents/guardians act as surety?
Age restrictions?
Maximim Amount?
Parent guardian CAN act as surety for a child / young person
Such a requirement CANNOT be imposed if the child will reach 17 before the time they are due to surrender to court
£50 maximum surety sum for parent/ guardian
S30 PACE street bail.
If bailed to nearest police station which is not a designated station what must then happen?
Street bail does NOT specify that you can only bail to a designated station
S30 (2).. if a person is required to attend a police station which is not a designated station then they must be:
A) released or
B) taken to a designated police station no more than 6 hours after their arrival (at the first station)
The applicable bail period in a serious fraud office case starts when and lasts how long?
The bail start date commences the day after the day on which the person was arrested
ABP is a period of 3 months
S6 Bail act 1976
Offence wording?
In what circusmtances does this apply?
A person who has been released on bail in criminal proceedings who fails, without reasonable excuse, to surrender to custody, commits an offence .
Applies when:-
- police have granted bail to a suspect to appear at a police station
- where police have granted bail for a defendant to appear ar court
- where the court grants bail to a defendant to return to court at a later date
The Children (secure accommodation) Regulations 1991 …
Says what in relation to children detained by police who are refused bail? (How does age factor ??)
A child who is detained by police under S38 PACE 1984, and who is aged 12 OR OVER, but UNDER 18, must be moved to local authority accommodation unless this is impracticable or there is no SECURE accommodation available anf local authority accommodation would be inadequate to protect the child/public from serious harm.
Where there is no secure accommodation available and the serious harm criteria is met, the child CAN be kept in police detention.
Where a child is 10/11yrs old the police MUST move the child to local authority accommodation unless impracticable (i.e extreme weather conditions). The type of accommodation in which the local authority proposes to place the youth is NOT a factor which the custody officer may take into account when considering whether the transfer is acceptable.
These rules apply equally to a child charged in the daytime as it does to a child to be held overnight (subject to a requirement to bring the child before a court - s46 pace)
S47 (d) PACE 1984 allows what is relation to bail?
And what are the conditions of this?
Allows a senior police officer (superintendant or above) to extend bail from 28 days to 3 months
The senior officer must arrange for the suspect or their legal rep to be invited to make representations, and must consider any that are made before making a decision.
4 conditions to be met:-
A) the officer has reasonable grounds for suspecting the person in question to be guilty of the relevant offence
B) the officer has reasonable grounds for ‘believing’, that in a case where the person in question is or is to be released on bail under s37, that further time is needed for making a decision as to whether to charge, or further investigation is needed of any matter in connection with the relevant offence
C) officer has reasonable grounds for ‘believing’, that the decision as to whether to charge is being made diligently and expeditiously, or that the investigation is being conducted diligently and expeditiously
D) the decision maker has reasonable grounds for ‘believing’ that the release on bail of the person in question is necessary and proportionate in all circumstances (having regard in particular to the conditions of bail which are to beimposed)
S128 magistrates court act 1980.
If a person is arrested for an offence and it is suspected that they are responsible for a number of other similar offences (ie burglaries), can they be remanded in police custody to enable enquiries to be made into the other offences?
If so, what are the timings and what about age??
S128 magistrates court act 1980 provides that a magistrates court may remand a person to police custody….
For a period not exceeding 3 clear days
Or 24 hrs for a person under 18.
Considering the offence of absconding in relation to S6 bail act 1976… when does it apply?
S6 applies where:-
- The police grant bail to a suspect to appear at the police station
- the police grant bail to a defendant to appear at court in the first appearance
- the court grants bail to the defendant to return to court at a later date
Considering the offence of absconding in relation to S6 bail act 1976… what does the act and reveant case law say about having a reasonable cause for missing their bail date?
The offence of absconding in relation to S6 bail Act is a Summary only offence
The burden of proof to show reasonable cause lies with the accused.
A person who has reasonable cause still commits the offence if they fail to surrender as soon after the appointed time as is reasonably practicable (in r v scott where the accused was half an hour late in appearing at court it was held thag they had absconded).
Being mistaken about the day on which one should have appeared in court is not a reasonable excuse.
Failure to give the defendant a copy of the decision to bail them is not a reasonable cause for that persons failure to surrender to custody
When granting bail, can the custody officer demand the surrender of the accused’s passport?
Yes. Provided there is a ‘real’ and substantive risk thatt the accused will abscond.
(It is not sufficient merely to think it was appropriate. It must be based on a ‘real’ risk of the accused absconding)
This condition is available to both the court and the custody officer.
