Bail
- 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 **** 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
- D charged for murder or attempted, manslaughter and **** and attempted
- Right to liberty is a human right and so is the right to bail
- Police Power
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