poilice bail

police bail

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  • Created on: 22-03-11 18:53
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Police Bail
(Police and Criminal Evidence Act 1984 as amended by Criminal Justice and Public
Order Act 1994).
The police can grant bail to an arrested person without a court appearance. The
criteria state that a person must be given police bail unless:
His/her name and address are not known
The custody officer believes that his detention is necessary for his own
protection
To prevent him from injuring someone
Damaging property or
Because he might abscond or interfere with the course of justice.
The above has been amended by CJPO 1994 to include the following:
S25: Provides that a person charged with/convicted of murder, manslaughter,
attempted murder, rape or attempted rape will forfeit his right to bail. Under
S25 a person charged with or convicted of murder, manslaughter, attempted
murder or rape will forfeit their right to bail. This complete ban has been found
to be in breach of the European Court of Human Rights. This was highlighted by
the case of Mr C ­ charged with rape, the UK was found to be in breach and the
law has been reformed to state `bail to be granted in exceptional circumstances
only'.
S27: Allows the police to impose bail conditions (see previous list) ­ but not
remand to a bail hostel!
S28: A custody officer can, in the case of an imprisonable offence, refuse bail if
he believes detention is necessary to prevent a defendant from committing an
offence. Under the Criminal Justice Act (2003) the police have the power to
grant bail at the place of arrest (street bail) which avoids taking the person to the
station and avoids lengthy paperwork.

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