Bail
- Created by: Tash.H
- Created on: 13-02-17 13:55
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- 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
- temporary
release of an accused person awaiting trial
- 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)
- Presumption of Bail (Section 4 of Bail Act 1976)
- What is bail?
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