Bail

?
  • Created by: Tash.H
  • Created on: 13-02-17 13:55
View mindmap
  • BAIL
    • What is bail?
      • temporary release of an accused person awaiting trial 
        • sometimes on condition that a sum of money is lodged to guarantee their appearance in court
    • Powers to grant bail
      • POLICE: Section 36 of Police and Criminal Evidence Act (PACE) 1984
      • MAGISTRATES: 5 out of every 6 people charged are released on bail 
      • CROWN COURT
    • Bail Act 1976
      • Presumption of Bail (Section 4 of Bail Act 1976)
        • Automatic assumption that a person will be granted bail.
        • Innocent until proven guilty.
      • Reasons to refuse bail (POIS)
        • Protection - Of the suspect/accused
        • Offence - committing an offence on bail
        • Interference - interfering with witness(es)
        • Surrender - If they won’t surrender to police and go to court
      • Factors to consider (NEAR)
        • Nature and Seriousnes - What the offence is and how serious it is
        • Evidence - How strong the evidence is against them
        • Antecedents- Their past record, character and who they’re associated with
        • Record- If they have not surrendered to police/court, previously granted bail, etc
      • Conditions (CRRSS)
        • Curfew - Must be at their home address at a certain tim
        • Report - report to the police station
        • Residence in bail Hostel - Where they must live whilst on bail
        • Surrender - Surrender their passport, etc
        • Sureties -amount payable by 3rd party if bail is breached or to ensure defendant doesn’t breach bail
      • Restrictions (ROD)
        • Repeat serious offences
        • Offence committed while on bail (S14 of Criminal Justice Act 2003)
        • Drug Users (S19 of Criminal Justice Act 2003)

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Criminal law resources »