Bail

Bail

1. 25% of D's commit an offence whilst on bail

2. Of all the people awaiting a decision on bail, only 50% will go to prison.

3. Bail: 'deciding whether to let D go free until trial, or remand them in custody'

4. Can be granted by the courts or the police

   • 84% of D's are given bail by the police.

5. 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

6. 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

7. 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

8. 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

9. Renewed applications

   • Can appeal aginst a bail refusal once!

10. 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.