Bail
- Created by: Karolinaaaa
- Created on: 14-05-17 17:00
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- Bail
- Describe (A)
- Pre-trial matter, before trial held defendant can either
- Remand in Custody' Remand wing'
- Remand on Bail
- Police Bail
- By Custody Officer
- S.38 Police and Criminal Evidence Act 1984 (PACE)
- Can be refused if
- Name & address is believed false
- For suspects own or someone elses protection
- Felt won't return
- Will interfere with witness/ administraction of justice
- Murder
- Courts Bail
- Presumption S4 Bail Act 1976
- Refused
- Won't return
- Commit further offences
- Interfere with witness/ obstruct course of justice
- For their own intrest
- 5 factors to consider when granting
- Nature & seriousness of offence
- Character & previous record
- Family & community tires
- Behaviour in past
- Strength of evidence
- Conditional Bail
- The Criminal Justice and Public Order Act 1994
- The Legal Aid Senentign and Punishment of Offenders Act 2012 (LASPO)
- 'No real prospect test'
- New Exception to bail in domestic violence cases
- Further Restrictions
- Anti-Terrorism Crime and Security Act 2001
- The Criminal Justic & Public Order Act 1994
- Serious offenders
- Criminal Justice Act 2003
- Drug users with drug motivated offences
- Defndants already on bail
- Pre-trial matter, before trial held defendant can either
- Should it be granted (B)
- For
- Refusal = unfair deprivation of liberty
- Article 5 ECHR
- Many found not guilty receive no recompensation
- 60% receive non custodial sentences
- Adds to prison over crowding 25% remand prisoners
- Can have detrimental effects on person
- 50% suicides by those on remand
- Can affect family/ job same as convicted criminal
- Refusal = unfair deprivation of liberty
- Against
- Home office figures 10% re-offend 12% fail to appear
- Risk defendant will interfere with witness/obstruct course of justice
- Shannon Matthews
- For protection of society
- Adam Swellings
- Gary Weddell
- For
- Describe (A)
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