Bail

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Presumption in favour of bail

There's a presumption that bail should be granted unless there's a good reason to refuse it. There's a presumption that everyone is innocent until proven guilty.

There are reasons for refusing bail:

  • Failure to surrender to custody
  • Likely to commit further offences
  • Interference with witnesses or the course of justice

Factors to be taken into account:

  • Nature and seriousness of offence
  • The antecendents of the defendant
  • Any previous bail records
  • The strength of evidence against the defendant 
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Unconditional and conditional bail

Unconditional bail: Most commonly unconditional bail is granted, this has one condition which is that the suspect will attend court at a specific time.

Conditional bail: Given if theres risks in giving unconditional bail. Type of condition imposed dpends on risk factors. Some examples are:

  • residence- at a bail hostel or their home address
  • Curfew with tagging
  • Handing in passport
  • Reporting at a police station at specified times
  • Exclusions zone
  • Contact bans
  • Sureties
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Restrictions on granting bail

Restrictions on granting bail:

  • For an offence committed whils on bail, bail can only be given is court is satisfied that there's not much risk in further offending
  • Bail only granted in exceptional circumstances for murder, manslaughter, **** and attempted murder and **** if defendants already served custodial sentence for such a crime
  • Bail can only be granted by the crown court for muder
  • Bail will be restricted for adult Class A drug users under the Criminal Justice Act 2003 in certain circumstances. 
  •  Focus recently changed from liberty for the defendant to ensuring the public is protected 

If no bail's granted the defendant is remanded in custody

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Appeals

Appeals:

  • Defendant must be take to a Magistrates' at first opportunity if police refuse bail 
  • Only one further application's allowed if bail is refused unless the circumstances have changed 
  • An appeal may be made from a Magistrates' Court against refusal of bail to a judge in Crown Court
  • The Bail Ammendment Act 1993, as ammended by the Criminal Justice Act 2003, gave prosecution right to appeal to a judge of the Crown Court against the granting of bail for any imprisonable offence
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