- Defendent is released until the next stage of trial
- General presumption of bail.
- Innocent until proven guilty (human rights)
- Kept in custody if haven't been given bail.
- Unconditional/Conditional bail.
- Conditions - passport being taken off you, surety.
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- To make further enquiries - defendant needs to return to the police station on a specific date in the future.
- To a defendent that has been charged - defendant is bailed to appear at the local Magistrates' Court on a set date
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Refusal of Bail
The custody officer can refuse bail if:
- the suspect's name and address cannot be discovered.
- there is doubt as to whether the name and address given are genuine.
- If you don't show up then the police do have the right to arrest you.
- 84% of those being charged have been given bail.
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The police have the power to impose conditions on bail. This can include:
- Asking the defendant to surrender his passport.
- Report at regular intervals to the police station - check in with police.
- Ask someone to stand surety - prepared to promise to pay the court a certain amount of money.
These conditions can be imposed in order to make sure:
- the suspect surrenders to bail.
- does not commit an offence while on bail.
- doesn't interfere with witnesses or the court of justice.
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Bail Act 1976
- Section 4 - general right to bail.
- Doesn't need to grant bail
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What will the court consider?
- The nature and seriousness of the offence.
- The character of the defendant.
- If they have surrendered to bail on previous occasions.
- The strength of the evidence against the defendant.
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