General Information

  • 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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Police Bail

  • 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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