bail

bail

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  • Created on: 22-03-11 18:54
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Bail
Bail is a release on a promise to return for trial. The key legislation
includes:
Bail Act (1976) as amended by Criminal Justice and Court Services
Act (2000)
Police and Criminal Evidence Act (1984) as amended by the
Criminal Justice and Public Order Act (1994) and the Criminal
Justice Act (2003).
Court Bail
Bail Act 1976 governs bail granted by the courts. Under this act
there is a statutory presumption that bail be granted. This means that
there is an automatic presumption that the defendant will be released
by the court pending trial. However there are grounds for refusal ­
in which case the defendant would be remanded into custody pending
trial. These include a belief that the defendant would:
commit another offence whilst on bail or
interfere with witnesses or
obstruct the course of justice or
should be in custody for his/her own welfare or
has previously failed to surrender to bail and the court believes
this may happen again.
The Criminal Justice and Court Services Act (2000) states that a
court considering the question of bail must take into account any
drug misuse by the defendant:

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Bail Conditions:
Where a court does grant bail, it can impose bail conditions on the
defendant e.g. he/she:
Must surrender passport
Must report at intervals to a police station
Must not interfere with witnesses
Must reside at a certain address
Under the 1976 Bail Act the police can arrest without a warrant
anyone suspected of breach of bail conditions.…read more

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