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  • Bail
    • police powers to grant bail
      • police may bail while making inquiry i.e bailed to return
      • police may grant bail to suspect charged with an offence and must appear at mag on agreed date
      • decision on bail made by custody officer under s38 of pace as amended by criminal justice and public order act 1994
      • if name and address can't be discovered or suspect false identity then may refuse bail
      • rules contained in bail act 1976
      • police may impose conditions
        • request the surrender of suspects passport
        • regular visits to police station
        • not interfere with witnesses
        • curfew at home for specified periods
    • bail act 1976
      • s4 states there's a general assumption that a person should be given bail
      • court doesn't have to give bail if satisfied with
        • if bail was granted the suspects would
          • fail to surrender passport
          • commits an offence while on bail
          • interfere with witnesses or otherwise obstruct the course of justice
      • may refuse if police believe suspect should be kept in custody for own protection
        • other factors a court may consider
          • nature and seriousness of an offence
          • the character, antecedents, associations and community ties to the defendant
          • weither or not d has surrendered to bail on previous occasions
          • strenght of evidence against him
    • conditions
      • sureties
        • were someone who knows d promise to pay a certain amount of money if d fails to attend court
      • renewed applications/ appeals
        • usually one further application may be made to mag unless a change in circumstance
          • may appeal against refusal to grant bail in crown
            • bail amendment act 1993 = prosecution right to  appeal to judge at cc against granting bail and if sent for a trial at cc he may apply for bail there also
      • restrictions
        • were person is changer with highest level of offences if they have committed a previous offence in this category only get bail in exceptional circumstances
        • criminal justice act 03 amended by the bail act 76 were d tested positive for class a drugs places restrictions and won't be released on bail unless court satisfied no significant risk of committing an offence


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