Bail

Bail

1. Bail Act 1976

   • Bail Amendment Act 1993

2. police can grant pre charge or post charge bail

   • under the Police and Criminal Evidence Act 1984 they may impose conditions

3. Presumption of bail unless justified reason to refuse

   • s.4 Bail Act 1976
   • Down to prosecution to oppose. If not then likely it will be granted
     • Will they fail to surrender?
     • Will they commit further offences?
     • Will they interfere with witnesses?
   • Unless convicted in Mags and sent to Crown for sentencing

4. Appealing

   • Must orally indicate at hearing and apply in writing as soon as
     • Serve on Crown Court officer, magistrates officer, prosecution and any surety etc
     • Must state offence, decision appealing, why it should be granted, any new info, propose conditions, if they want a hearing
       • If CPS oppose then they must notify all parties and reasons why
       • Hearing to be listed asap and no later than 1 business day after appeal served
   • the prosecution can appeal under the Bail Amendment Act 1993

5. Conditions

   • Residence (living at certain address),
   • s.3 Bail Act 1976
   • Surety
   • Reporting to police station
   • Electronic tag
   • Curfew
   • Surrendering passport
   • Drug testing
   • Not to enter where offence ocurred

6. Definition: Right to be released from custody before the case is concluded or sentence is passed. Made on basis that there is no risk of absconding or committing further offence or attempting to interfere with witnesses etc

   • Remand in custody
   • Remand on bail

7. Restrictions on bail

   • Murder - Must be heard in Crown Court.
     • Not granted unless satisfied there is no risk the person would cause physical or mental injury to someone
     • When charged with attempted murder, manslaughter, rape or serious sexual offence and they have already served custodial sentence for similar offence they will only have the right to bail in exceptional circumstances.
   • Drugs offence for class A cannot be bailed unless satisfied no risk they would cause physical or mental injury someone
   • Will not be rebailed if they breach unless satisfied there is no chance they will reoffend

8. Court's considerations

   • Nature and seriousness of crime
   • character of defendant
     • Past criminal record
   • Ties with community: home, friends, family friends
   • Has defendant abided by or breached bail before?
   • Strength of evidence against defendant

9. If it is a crime not punishable by prison then bail can ONLY be refused if defendant failed to surrender in the past and there is reason to believe they would do so again

10. Procedure

    • Magistrates consider bail at the first court hearing
      • If prosecution propose bail then they start at hearing and put forward conditions etc
        • Defence's arguments are then heard
          • Magistrates cannot grant bail for murder, this must be done by a Crown Court judge
      • ALL CRIM CASES START IN MAGS
        • If indictable only offence then they still initially go to mags but only asked for intention of plea
          • sent to Crown then bail dealt with
          • Indictable only offence is most serious, either way is middle, summary only are less serious in mags
            • Mags can only sentence to max of 12 months in prison otherwise needs to go to Crown

11. Beyond reasonable doubt. Standard of proof on prosecution