Bail - Bail Act 1976
- Created by: Heidi~B
- Created on: 13-01-14 12:47
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- Bail - Bail Act 1976
- Police
- Can either summons a defendant to appear in court
- OR they can charge them - given the paper work there and then.
- S.38 PACE - a custody officer can grant bail.
- Under the Criminal Justice and Public Order Act 1994 - the police can impose conditions on bail.
- Take away passport, report daily to police station etc.
- Can either summons a defendant to appear in court
- Court
- Statutory presumption - everyone has the right to bail.
- Acceptions - fail to surrender, commit further offences, interfere with witnesses and for own protection.
- In making the decision the court will look at
- 'D' character - record/ personal/ local ties - includes whether D has a place to live.
- Seriousnedd of the offence.
- Previous bail terms/committing an offence on bail.
- Evicence agian the 'D'
- For some indictable only offenced such as murder, manslaughter, ****, there is no presumption of bail.
- The court has to give a reason why bail is granted rather than why they're refusing bail, if they do.
- The court can grant unconditionl or conditional bail.
- Statutory presumption - everyone has the right to bail.
- Concerns on bail
- Too many D's are committing offences while on bail.
- Study in Britol - one third of those charged with burglary were on bail for other offences at the time of the arrest.
- Too many D's are committing offences while on bail.
- Bail may be granted subject to conditions
- Report to police station
- Living in a particular address
- Surrender passprt
- Curfew
- Not going to certain places
- Police
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