Criminal Procedure - Bail

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Definition: Bail is where any person is released after arrest and can
remain at liberty until the next stage of their case.
Who? Bail can be granted by the police,Magistratesor the Crown
Police Bail
Police Bail @ the station
Custody officer makes the decision to grant or refuse bail
If the suspect's name and address cannot be discovered or is thought not-genuine, bail won't be given
Must follow principles of bail, as set out in the Bail Act 1976
Police can impose conditions
Criminal Justice Act 2003 introduced street bail
Court Bail (M/CC)
S4 of the Bail Act 1976:
There is a general right to bail, but the court need not grant a defendant bail if it is satisfied that there are
substantial grounds for believing that the defendant if released would:
Fail to surrender;
Commit an offence;
Interfere with witnesses or otherwise obstruct the course of justice;
Or will be in danger and should remain in custody for their own protection.

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Types of bail
Unconditional Conditional
This is when the defendant has only one This is where there are some risks in giving
condition: to attend court at a specified time. unconditional bail.
This type of bail is for defendants the The type of condition imposed will depend on
courts/police aren't concerned about ­ the risk factors involved.
typically summary offences.
Bail Conditions:
Conditions which can be imposed:
Surrendering passport;
Residing at a certain address;
Surety for bail;
Curfew & tag .…read more


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