court and police bail detailed bullet points

if you get a bail question in the exam this is response which covers all the points on the mark scene for a part A describe bail by courts and police

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Bail is very important as it allows the suspect to remain at liberty until
the next stage if their case rather than being held in remand. It is a civil
and human right that should be respected and delivered by the
magistrates court, the police and on appeal the crown court
Court bail is based on the bail act 1976. This act in section 4 says there
is a presumption in favour of bail and to protect the suspect's liberty.
Bail can be refused if they have reasonable grounds for believing the
defendant would, fail to surrender to custody, reoffend on bail or
interfere with witnessed, obstruct the course of justice or be in danger
They can also consider other factors like , the seriousness of offece and
possible sentence, the character, antecedents and ties of the defendant ,
the defendant previous bail record and the strength of evidence against
the defendant
Bail is usually unconditional and they must only surrender on a given
date and if they don't they are absconding and can be arrested. However
There can be conditions of bail under the criminal justice and public
order act 1994. These include surrendering passport, reporting to
police station or court, residence condition such as bail hostel if the
suspect has no fixed abode, curfews where they must be inside at
certain times. They may also request a sureties condition by a sureties
(friend or family)who promised to pay a agreed sum if the defendant
breaks bail, this is only a promise and not the American system where
they pay bail and get it back if the defendant surrenders to it.
There are restrictions on bail to protect the public but bail should be
considered even in serious cases, however normally bail is restricted for
serious indictable offences to protect the public from the potentially
dangerous person.
Bail is only granted in exceptional circumstances for murder,
manslaughter, rape and attempted rape if this is the second serious
offence committed, which led to a custodial sentence.
If the defendant has previously reoffended on bail then the court may
deny unless they have reasonable grounds to believe they wont this
time under the cja 2003 amending the bail act 1976
Bail is restricted for adult drug users under s19 of the cja. If the adult
was tested positive for class A drugs and the offender is charged with
possession or intent to supply class a drugs, the court is satisfied
misuse of class a drugs motivated offence and the defendant refused an
assessment on his dependency on drugs. Such defendant may be denied
bail unless there is no significant risk of them reoffending on bail
Police bail has the same presumptions, restrictions and factors to
consider as the court bail does which are explained above
The police may bail a suspect after arrest so they can conduct further
enquiries into the case before presenting the case to the court, the
decision lies with the custody officer under s38 of PACE as amended y
the CJ+POA 1994. They can refuse if there are identity and address
problems or any other reason set out in the bail act 1976

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The Hookway case in 2011 caused problems as a high court judge ruled
the detention clock that was always stopped once bailed would carry on
and detention limits would still run, this basically made bail redundant.
Parliament swiftly reversed with the police (detention and bail) Act
2011 one week after
Both sides may appeal refused bail, the defendant can appeal for police
bail to the magistrates and for court bail to the crown court.…read more


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