Bail
- Created by: Hayley Petts
- Created on: 30-12-12 15:44
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- Bail
- Key Legislations
- Bail Act 1976
- everyone has a right to bail
- CJA 2003
- conditions
- presumption against bail
- testing positive for class A drugs
- Murder, ****, manslaughter + attempts
- CJPOA 1994
- state to never grant bail for indictable offence
- Cr + D Act 1998
- bail can be granted in exceptional circumstances
- Bail (Amendment)Act 1993
- allows prosecution to appeal against the grant of bail
- Bail Act 1976
- Who?
- Police
- Custody Officer
- will grant
- in order to make further inquiries
- upon charging defendant
- will not grant
- if suspect's name and address cannot be established
- suspicion of details being incorrect
- if police refuse must bring accused before magistrates as aoon as practiable
- Magistrates
- Crown Court Judge
- Police
- reasons for refusing
- may not surrender to custody
- no family or community ties
- previous record
- ties abroad
- to protect the accused
- may commit offence whilst on bail
- previous records
- drug addict
- may interfere with witness or obstruct court of justice
- domestic violence cases
- Defendant will manipulate victim into withdrawing their statement
- domestic violence cases
- may not surrender to custody
- Factors considered
- nature and seriousness of offence
- less likely to be granted for indictable offence
- defendants past records
- family and community ties
- gang member less liely to be granted
- defendant's previous bail record
- if they have previously surrendered
- strength of evidence against them
- if evidence weak more likely to be granted
- offence not punishable by imprisonment
- nature and seriousness of offence
- Conditions
- surrender passport
- suspicion of defendant fleeing country
- surety
- suspicion of fleeing
- not payable if they surrender
- curfew
- monitored by tag
- signing on regularly at police station
- place of residence
- surrender passport
- Key Legislations
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