Bail REVISION SHEET

A 2 page sheet of everything you need to know.

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  • Created by: Beth
  • Created on: 25-05-10 17:04
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Bail
Definition
The question as to whether a person should be given bail is decided before they go to court. This is
known as a pre-trial matter. People are innocent until proven guilty. If bail is granted, it allows a
person to remain at liberty until next stage of their case.
Police Powers to grant Bail
Police have the power to grant bail to people that have/have not yet been charged with an offence.
Charged? Reason? Conditions
NO They might want to make Must return to police station on a
further enquires. set date.
YES In order that they will be tried They must appear at the
in court. magistrate's court on a set date.
The decision to grant bail is made by the Custody Officer. Can refuse bail is they cannot gain the name
and address of accused or if they think this information is false.
Magistrates' Court power to grant Bail
5 out of every 6 people charged are released on bail. Very few people are refused police bail.
The Bail Act 1976
Presumption of bail
Automatic assumption that a person will be granted bail.
Innocent until proven guilty.

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Reasons to refuse bail
Offence ­ committing an offence on bail.
Interference ­ interfere with witness or prevent justice.
Protection- Of the suspect/accused.
Surrender- If they won't surrender to police and go to court.
Factors to consider
Nature and seriousness- What the offence is and how serious it is.
Evidence- How strong the evidence is against them.
Antecedents- Their past record, character and who they're associated with.
Record- If they have not surrendered to police/court, previously granted bail, etc.…read more

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Street bail- A minor offence where the person would get bail anywhere. When someone on
the street is automatically in bail and is told to appear at a M.C.…read more

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