Bail - Bail Act 1976

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  • 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.
    • 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, rape, 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.
    • 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.
    • Bail may be granted subject to conditions
      • Report to police station
      • Living in a particular address
      • Surrender passprt
      • Curfew
      • Not going to certain  places

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