The decision for giving bail resides with the custody officer, with this power being given to them by S38 Police and Criminal Evidence Act 1984. However, bail can be refused:
- the suspect's name and address can't be obtained
- detention is necessary for the protection of the suspect or someone else
- there is reasonable suspicion that a suspect will fail to attend court, or interfere with the administration of justice.
Bail is granted in the majority of cases and S37 PACE allows a suspect to be bailed even when they have not been charged on the agreement that they will return to the police station on a given date i.e. Joanna Yeates murder case, Chris Jeffries was released on bail.
Under the Criminal Justice and Public Order Act 1994 the police can impose conditions on bail:
- suspect surrenders their passport
- report regularly to the police station
- remain under curfew
If bail cannot be granted then the suspect must appear at the Magistrates' Court ASAP.
Comments
No comments have yet been made