Flashcards
Police Power - Bail
Cards in this deck (10)
- 16 points about decision to grant bail- Decision to grant bail or not is made by the custody officer (s38 PACE)
- can refuse bail if the suspect's name and address cannot be discovered
- if charged and police not prepared then must bring to Mags Court ASAP
- if bail refused, then only 1 further application can be made to mags
- D can appeal against refusal to Crown Court
- Murder cases: granted in Crown C - 2Which section of which Act gives a general right to bail?s4 The Bail Act 1976
- 3The police or court can refuse to grant bail if there are substantial grounds to believe that if released, D would:- fail to surrender to custody
- commit an offence
- interfere with witnesses
- otherwise obstruct the course of justice
- For D's own protection - 44 factors to consider when deciding to grant bail:- the nature and seriousness of the offence and the method dealing with it
- D's character, antecedent, association and community ties
- Previous record of bail
- the strength of evidence against him - 5If offence is not punishable by imprisonment, the only reason to refuse bail is:if he previously failed to surrender while on bail and there is a reasonable belief that he will not surrender when given this time
- 65 conditions that can be attached to bail (under s27 CJPOA)- Surrender of passport
- Report to a police station
- Residence requirement
- Curfew (usually electronic tag)
- Third party surety - 7Restrictions on the granting of bail- Charged with murder/attempted murder/manslaughter/rape/attempted rape AND already served custodial sentence for similar offence, then granted only in exceptional circumstances
- Bail Act 1976 (amended by s 14 Crim Just Act 2003) if adult and the present offence committed while on bail, then only when no signft risk of committing on bail
- Bail Act 1976 (amended by s19 of CJA 2003) Class A drug
- Coroners and Justice Act 2009: murder only when no signft risk of injury - 8Prosecution's right to appeal against the grant of bail- The Bail (Amendment) Act 1993: P has right to appeal to a judge at the Crown Court
- Criminal Justice Act 2003: appeals possible to all offences punishable with imprisonment - 9Evaluation of public protection- 14% on bail fail to appear at court
- 25% commit offence while on bail
- bail hostels to supervise them
- curfew requirements: in 2007 6 murders and 1000 violent crimes committed by people who were tagged - 10Evaluation of the right to liberty- s4 presumption in favour of bail: denying bail is an interference with right to liberty
- 10% of prison population on remand, but only 50% actually sent to prison at the end
=> too many people are being remanded in custody
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- AS - Level Law (G151 English Legal System) Flashcards on Police Power - Bail, created by Field Jellyfish on 29/03/2016.
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- Field Jellyfish
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