Bail
- Created by: Katherine.
- Created on: 13-11-17 13:58
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- Bail
- What is bail?
- Pre-trial matter
- Decides if a defendant should stay in custody or be at liberty until the next stage of the case.
- Why is bail important?
- Upholds important human rights.
- Article 5: the right to liberty
- Article 6(2): Innocent until proven guilty.
- Article 6: Right to a fair trial
- Upholds important human rights.
- Who can grant bail?
- The police or the courts.
- Each have different rules/ legislation's that they must follow.
- Police bail
- Decision to grant bail is made by a custody officer.
- s.38 Police and Criminal Evidence Act 1984 (PACE)
- The police can refuse to grant bail if they have reasonable grounds to believe:
- There is a doubt about the suspects name and address.
- Detention is necessary to protect the suspect or somebody else.
- The suspect will fail to attend court of interfere with witness.
- The suspect is charged with murder
- Under s.115 Coroners and Justice Act 2009 the police cannot grant bail in murder cases - only a crown court judge can do so.
- Decision to grant bail is made by a custody officer.
- Street bail
- s.4 Criminal Justice Act 2003
- If the police aren't prepared to grant bail they must bring the defendant in front of the magistrates court at the first instance.
- s.4 Criminal Justice Act 2003
- The Policing and Crime Act 2017
- Police bail must be limited to 28 days under this act.
- This is to address criticisms that people were being kept on police bail for months or even years.
- The 28 days can be extended up to 3 months in complex cases with the authorization of a senior police officer.
- Operation Yewtree
- Police investigation into alleged sexual abuse predominantly of children against British media personalities such as Jimmy Savile
- Paul Gambaccini
- Falsely accused.
- approximately 1 year on bail.
- £200,000 on legal fees
- Claimed he was a victim of a "witch-hunt"
- Arrested on 29th October 2013
- Police handed papers to CPS on 10th February 2014 - told no case was brought against him.
- Paul Gambaccini
- Police investigation into alleged sexual abuse predominantly of children against British media personalities such as Jimmy Savile
- Police bail must be limited to 28 days under this act.
- Bail Act 1976
- Factors to be taken into account by both Police and Courts are:
- 1. the nature and seriousness of the offence (and probable method of dealing with it)
- 2. The character, past record, associations and community ties of the defendant.
- 3. the defendants previous record whilst on bail.
- 4. The strength of evidence against the defendant.
- Factors to be taken into account by both Police and Courts are:
- Court bail
- Decision to grant bail is usually made in the magistrates court but can also be taken in the crown court.
- s.4 Bail Act 1976 states the there is a presumption in favor of bail.
- The court cab refuse to grant bail if they have substantial grounds to believe:
- The suspect will fail to surrender to custody.
- Commit an offence whilst on bail.
- Interfere with witnesses or otherwise obstruct the course of bail.
- The suspect needs to be kept in custody for their own protection.
- Legal Aid and Punishment of Offenders Act 2012 (LASPO) adds a further exception if the offender may commit a further offence involving violence.
- When deciding to grant bail the court will consider the facts set out in schedule 1, paragraph 9 Bail Act 1976
- These include the nature and seriousness of the offence, the character of the defendant and record of conduct whilst granted bail before.
- S.90 LASPO 2012 also says the 'no prospect test' should be applied.
- That is, if it is highly unlikely that the defendant will receive a custodial sentence if convicted then bail should be given.
- The above law is very much in favor of the rights of the individual - upholding article 5.
- This has led to the introduction of conditions and restrictions on bail.
- The above law is very much in favor of the rights of the individual - upholding article 5.
- That is, if it is highly unlikely that the defendant will receive a custodial sentence if convicted then bail should be given.
- Conditional bail
- Aim of imposing conditions is to minimize the risk of the defendant committing an offence whilst on bail.
- Under the Criminal Justice and Public Order Act 1994 both the police and courts can grant conditional bail.
- Possible conditions.
- Curfew
- Electronic tag
- Surrendering passport
- Bail hostel
- Surety
- Cases
- Abu Quatada
- Gary Weddell
- Jonathan Vass
- Adam Swellings
- What is bail?
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