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What is bail?
Bail is being given liberty until the next stage in the
Remand in Custody is being kept in custody until your
This is an extremely important pre-trial matter which
needs to be considered in every case. A person can be
released on bail at any point after being arrested by the
police, sometimes however it is felt necessary to keep
the suspect/defendant in custody until their trial.…read more

Slide 3

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Police Bail
The police can release a suspect on bail while they make further inquiries. This
means that the suspect is released from custody on condition that they return
to the police station on a specified date in the future.
The police can also give bail to a suspect who has been charged with an
offence. In this situation the defendant is given bail on condition that they
appear at the Magistrates' Court on a specified date.
The decision whether or not to grant bail is made by the custody officer under
s38 of the Police And Criminal Evidence Act 1984 (PACE) (as amended by
the Criminal Justice and Public Order Act 1994) The custody officer can
refuse to grant bail if;
the suspect's name and address cannot be ascertained
there are doubts about whether the suspect's name and address are genuine
If any person fails to surrender to police bail on the date specified then the
police have the right to arrest them.…read more

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Conditions on Police Bail
The Criminal Justice and Public Order Act 1994 gave the
police the power to impose certain conditions on a grant of bail. Thes
asking the suspect to surrender their passport
to report regularly to the police station
getting another person to stand surety for them
These conditions can be imposed in order to;
make sure the suspect surrenders to bail
does not commit an offence whilst on bail
does not interfere with witnesses
does not interfere in any other way with the course of justice…read more

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When the Police Refuse to Grant Bail
If the police charge a suspect with an offence and are
not willing to grant them bail they must bring the
defendant before the Magistrates' Court at the first
possible opportunity.
It is not usually possible for the Magistrates to deal with
the case there and then so they must make the decision
whether the defendant is granted bail or remanded in
custody. It is only in a very small percentage of cases
that the police refuse bail. The main statute relating to
whether a defendant should be granted bail by the
Magistrates' Court is the Bail Act 1976…read more

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The Bail Act 1976
There is an assumption under the Bail Act 1976 that an
accused person should be granted bail.
s4 of the Bail Act 1976 gives a general right to bail,
however, the Court need not grant a defendant bail if it
is satisfied that there are substantial grounds for
believing that the defendant, if released on bail, would;
fail to surrender to custody
commit an offence whilst on bail
interfere with witnesses or otherwise obstruct the
course of justice
needs to be kept in custody for their own protection…read more

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