Different types of Bail

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There are a number of acts governing bail: Police and Criminal Evidence Act
Criminal Justice and Public Order Act
Crime and Disorder Act
Police Bail
The police must make the decision on whether to release the person or keep them in custody.
However, anyone kept in custody must be brought before the Magistrates as soon as possible.
It has been said that police bail has a big impact on whether bail will be granted at the court stage.
There are certain circumstances when police cannot and will not grant bail:
-if your name and address are questionable
-if you are suspected of murder
-if you are a danger to the public
Court Bail
There is a presumptive right to bail which means that everyone has the right to bail, following the
rule of law, no sanction without breach. However, under certain cirumstances, bail will not be
allowed: there is a danger to the public
suspected of murder/rape
committed offence whilst on bail
likely to re-offend
Conditional Bail
When a person is granted bail under certain conditions: hand over passport to police
attend police station daily
not to leave the country
There are also sureties and securities.
Sureties: relative pays money
Securities: individual pays money
However, a high number of people kept on remand are later found to be innocent. In fact, 15% of
the prison population are unconvicted and 60% are acquitted. There is no compensation given so
many people spend up to a year in prison and they have actually been found to not have committed
any crime.


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