Bail

RIGHT TO REMAIN AT LIBERTY UNTIL THE NEXT STAGE IN THE CASE

PRESUMPTION THAT YOU'RE ENTITLED TO BAIL

'NEXT STAGE'=RETURN TO POLICE STATION FOR FURTHER QUESTIONING OR GO TO COURT

Granted by:

• Police-street & at station
• Magistrates
• Crown Court-an appeal and if suspect is charged with murder

• While making further enquiries-on condition that return to police station at specified date
• After D has been charged-on condition that appeat at Magistrates' Court on specified date
• Curstody Officer makes the decision-S38 of PACE as amended by CJPO Act 1994
• CO can refuse bail if name or address cannot be discovered or in doubt

POLICE CONDITIONAL BAIL

• Power to impose conditions including:
  • Surrender passport
  • Report to station at regular intervals
  • Surety (acts as security-pay money if don't surrender to bail-told how much and have to agree before bail is gramted. Not required to pay unless D abscons)
  • Can only be imposed to ensure that the suspect:
    • surrenders to bail
    • doesn't commit another offence
    • doesn't interfere with witnesses
    • Doessn't obstruct justice

• If police have refused grant bail suspect should be broght before Mags Court asap if they wish to request bail
• Home Office statistics show that the majority of those prosecuted are summonsed to court
  • letter that tells you they believe yo've committed an offence so you must go to court or pay a fine and if not then go to court (minor offence)
• 5 out of every 6 charged released on bail by poilce
• Magistrates therefore consider only a very small number of bail applications

• Presumption in favour of bail- S4 gives general right to bail

BUT

• For an offence while already on bail-bail only given if court satisfied no significant risk of reoffending
• If D charged with murder, attempted murder, manslaughter, **** or attempted **** must be exceptional circumstances if D has already served a custodial sentence for cuch an offence

• The court need not grant bail is substantial grounds for beliving that 1 or more of the following apply:
  • D will...
    • fail to surrender to custody
    • commit further offences
    • interfere with witnesses or obstruct the course of justice
• If D charged with a non-imprisonable offence bail can only be refused in D has previously failed to surrender to bail and grounds for beliving they will do again

• Can be imposed-similar to those the police can set:
  • Surety
  • Residence in a bail hostel or at home address
  • Curfew and tagging
  • Surrender of passport and/or reporting to police station

• Nature and seriousness of offence and likely sentence
• The character, past criminal record, associations and community ties of D
• Surrendered to bail on previous occassions?
• Strength and reliability of eveidence against D-stronger the evidence, more likely to impose conditions

• S19 Criminal Justice Act 2003 amended the Bail Act to place restrictions on adults who have tested positive for class A drugs
• Won't be granted bail if refuse to have a regualr assesment/be monitored whilst on bail

• The Bail (Amendment) Act 1993 gave the prosecution the right to appeal to a judge in the Crown Court against the granting of bail
• Applies to all offences punishable with imprisonment