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  • Created by: Amy
  • Created on: 18-02-14 09:24
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  • Bail
    • Police Power
      • Release a suspect while they make further enquiries
      • Released on condition they return to station
      • Refuse bail if the suspects name and address is doubted as genuin
    • Conditional Bail
      • Surrender passport
      • Report to station
      • Another person stand surety
    • No Police Bail
      • Police charge and are not prepared to grant bail
      • Sent to Magistrates
    • The Bail Act 1976
      • Act starts with assumption that accused is allowed bail
      • Not granted on grounds of believing that D if released would:
        • Fail to surrender to custody
        • Commit another offence
        • Interfere with witnesses and obstruct course of justice
        • For D own good and protection
      • In deciding on bail courts consider:
        • Nature and seriousness of offence
        • Character, past record, association and community ties
        • Record of fulfilling obligations under previouse grands of bail
        • Strenght of evidence against him
    • Surities
      • Another person who promises to pay the court money of D fails to attend
    • Restrictions On Bail
      • Right to liberty is a human right and so is the right to bail
        • Right restricted if its in the public intrest and for public protection
      • Main situations where bail is restricted are:
        • D charged for murder or attempted, manslaughter and rape and attempted
          • And have already served a custodial sentence for a similar offence
        • On bail when offence was committed
        • D tested possitive for class A drugs, charged for a drug related offence and is refusing to take part in assessments


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