Bail

Bail

1. The Bail Act 1976 Automatic presumption that for a summary offence, a person will be granted bail

   • For Indictable or Either-way, this is not applied, but the courts can still grant bail.

2. Definition Bail is whether a person is to remain at liberty until the next stage of the case. Bail is a pre-trial matter (it is decided on before the trial).

3. Reasons to refuse bail

   • Protection – of the suspect/accused/witnesses.
   • Offence –may commit an offence whilst on bail.
   • Interfere – with witnesses or prevent justice.
   • Surrender – if they won't surrender to the police or go to court.

4. Factors to Consider

   • Nature/seriousness.
   • Evidence – how strong it is.
   • Antecedents – their past record character and who they associate with.
   • Record – if they have not surrendered to the police/court, previously granted bail, etc.

5. Conditions

   • Bail act Curfew.
     • Reporting to police station. Residence. Surrendering passport. Surety/money deposit. Wearing an electronic tag.
   • Police
     • Report to police station. Surrendering passport. Surety/money deposit. conditions are imposed to make sure the suspect; surrenders to bail doesn’t reoffend on bail Doesn’t interfere with witnesses