Bail

Bail

1. s4 Bail Act - general right to bail

   • no REAL PROSPECT of a CUSTODIAL SENTENCE
     • LASPO 2012
       • if OVER 18, not charged in connection with extradition proceedings and has not yet been convicted
       • court CANNOT refuse bail using
         • failure to surrender to custody, commit an offence whilst on bail, interfere with witnesses, EW offence and on bail at time committed, already failed to surrender to bail
   • if REALISTIC PROSPECT OF CUSTODY
     • P must show SUBSTANTIAL GROUNDS
   • Court required to REFUSE bail when D charged with an offence punishable with LIFE
     • If D was on bail when he committed the offence?
     • If D has previously FAILED to surrender to CUSTODY
     • unless exceptional circumstances
   • Class A drug-user

2. unconditional bail

   • Duty to surrender

3. No right to bail

   • when being arrested
   • when being charged with an offence
   • when a warrant for arrest is issued
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