4206227
Description
Flashcards by laurenlouise, updated more than 1 year ago
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Created by laurenlouise
over 8 years ago
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| Question | Answer |
| WHAT IS BAIL? | Bail means being allowed to be at liberty until the next stage the your criminal proceedings. |
| TYPES OF BAIL | There are two types of bail; - Police Bail - Court Bail. |
| POLICE BAIL | There are two occasions when the police might grant a suspect bail; 1) the police my release a suspect on bail while they make further enquires. 2) the police can give bail to defendant who has been charged with an offence. |
| CUSTODY OFFICER | The custody can refuse bail under S38 PACE 1984 (AS AMENDED BY THE CRIMINAL JUSTICE AND PUBLIC ORDER ACT 1994). |
| POLICE REFUSAL | The custody officer can refuse bail if; - suspects name or address can not be discovered - if there's any doubt tat the details are incorrect - can be a threat to the public - fail to surrender -serious nature of the offence |
| POLICE CONDITIONAL BAIL | The police may impose certain conditions onto bail for certain suspects. These may include; - surrender the suspects passport - report at regular intervals - ask another person to stand surety for them -reside at an address |
| THE BAIL ACT 1976 | This is the key act in both police and court bail. it states That there is a presumption that bail will be granted to all suspects, unless the police or the court can justify the refusal of bail. S4 Bail Act 1975 gives a general right to bail |
| COURT REFUSAL | The courts may refuse to allow bail to a defendant if; - the nature or seriousness of the offence - fail to surrender to custody - commit an offence whilst on bail - interfere with evidence or witnesses |
| FACTORS ON GRANTING BAIL | The Magistrates' Court will consider various factors such as; - the seriousness of the offence - the character - the defendants record - the strength of the evidence against them |
| COURT CONDITIONAL BAIL | The courts can also impose certain conditions onto bail for certain suspects. these include; - surrender their passport - reside at a certain address - not to contact certain people - ask another person to stand surety -curfew |
| REFUSAL | If bail is refused by either the police or the court, the defendant can appeal against the refusal to grant bail to a judge at the Crown court. they may then uphold the decision to refuse bail, or to decide that the defendant should be granted bail. Bail must be reviewed every 7 days for each defendant. |
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