Mindmap
Bail

Mind map: bail
Inhalt der Mindmap
Bail
25% of D's commit an offence whilst on bail
Of all the people awaiting a decision on bail, only 50% will go to prison.
Bail: 'deciding whether to let D go free until trial, or remand them in custody'
Can be granted by the courts or the police
- 84% of D's are given bail by the police.
Police
- s.37-53 PACE 1984 governs powers of the police re:bail.
- s.46A - can arrrest someon who fails to answer bail.
- Decision on bail is made by the custody officer
- s.38 Bail Act 1976
- Police may refuse bail if:
- Unable to find name/address
- Don't believe name/address
- Any other reason under the Bail Act
- May release D whilst further investigations take place
- s.37-53 PACE1984
Conditions
- s.3 Bail Act 1984
- D surrenders to bail
- D does not commit an offence on bail
- D does not interfere with the course of justice in any way
- Conditions by Police
- Report to station
- passport
- surety
- Conditions by M
- Same as police
- Bail hostel
- Curfew
- s.3 Bail Act 1984
Magistrates
- If police can't decide on an issue of bail they must send to Mags ASAP
- Presumption of bail for all
- s.4 Bail Act
- When can they refuse bail?
- To surrender to custody
- D would commit an offence
- D would interfere with witnesses
- For their own protection
- When deciding bail the courts will consider
- nature and seriousness of offence
- Character, antecedents, community ties
- Bail records
- strength evidence against D
Bail will never be granted
- s.19 Bail Act
- D on C.A drugs at the time of the offence.
- Possession with intent
- D refuses treatment of drug dependency
- Anti-terrorism Crime and Security Act 2001
- Serious offender
- s.14
- Has committed an offence on bail before
- s.19 Bail Act
Renewed applications
- Can appeal aginst a bail refusal once!
If the current offence is not punishable by time in prison then bail can only be refused if D failed to surrender on a prior offence.
Informationen
- Beschreibung
- A level Law (ELS ) Mindmap am Bail, erstellt von Joy Lewry am 03/03/2017.
- Erstellt von
- Joy Lewry
- Aufrufe
- 3
- Bewertung