Bail

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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, rape, 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
    • 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
    • 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
    • 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
    • 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

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