Fichas
Bail
Fichas del conjunto (18)
- 1BailThe temporary release of an accused person awaiting trial, sometimes conditions may be placed to ensure the person attends court.
Bail can also be granted by the police whilst they find further evidence. - 2Who can grant bail?1. The police
2. The Magistrates' Court
3. The Crown Court - 3Section 4 of the Bail Act 1976States that there is a presumption in favour of bail.
This is linked to the legal principle that defendants are innocent until proven guilty.
AO2: Provides protection to the liberty of suspects. - 4Bail should not be granted if the defendant...- Would fail to surrender to custody
- Would commit an offence whilst on bail
- Would interfere with witnessed or obstruct the course of justice.
Additionally, the courts may not grant bail for the suspect's own protection. - 5Factors that will be taken into account...- Nature and seriousness of the offence
- Character, antecedents, associations and community ties of the defendant
- Defendant's previous bail record
- The strength of evidence against the defendant - 6Section 14 of the Criminal Justice Act 2003Restriction on granting bail.
Amended to the Bail Act 1976.
Bail is restricted if the current offence was committed whilst the defendant was on bail. - 7Section 19 of the Criminal Justice Act 2003Restriction on granting bail.
Amended the Bail Act 1976.
Bail is restricted if the offence involved the use, possession or intent to supply class A drugs. - 8Police Conditions- Surrender passport
- Regular report to the police station
- Surety - 9Court Conditions- Residential orders
- Bail hostel
- Curfew/Tag - 10Conditional BailBail is granted but certain conditions are attached to the bail that the suspect must comply with. For example, surrendering their passport.
- 11Unconditional BailBail is granted and no conditions are attached to the bail.
The only condition is that the suspect attends court on the allocated date and time. - 12Section 46A of the Police and Criminal Evidence Act 1984If a person fails to surrender to bail or does not comply with the conditions of bail the police can arrest them without a warrant.
- 13The Bail (Amendments) Act 1993Grants the prosecution the right to appeal against the granting of bail for all offences that carry a custodial sentence.
- 1420%AO2: Only a small percentage of those remanded in custody are sent to prison at the end of their case.
Therefore, many people are remanded when they are either not guilty or did not deserve a custodial sentence.
However, some of these may have served their sentence whilst being remanded in custody. - 15Bail Hostels (AO2)AO2: Provide protection to the public as they ensure that those on bail are supervised.
- 16Coroners and Justice Act 2009For those suspected of serious offences (e.g. murder, rape etc), the granting of bail is restricted to exceptional circumstances.
AO2: Provides protection to the public to potentially dangerous criminals. - 1738AO2: A number of murders were committed whilst the defendant was on bail.
This demonstrated that bail is granted to readily and the public is not sufficiently protection. - 188,000A high number of suspects are remanded in custody at one time.
This is a massive cost to the public.
Información
- Descripción
- Key words, Acts of Parliament and evidence.
- Creado por
- Natalie Lofthouse
- Visitas
- 7
- Valoración