Law-Bail

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Bail

  • Bail enables a defendant to remain at liberty until the next step of their case rather than being kept in custody. 
  • Bail can be granted by the police, the Magistrates' court and the Crown Court.
  • Bail Act 1976 (Bail Amendment Act 1993 and Criminal Justice Act 2000 (CJA))
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Reasons for refusing bail

Reasonable grounds for believing: 

  • D would fail to surrender to custody
  • That D would commit further offences.
  • That D would interfere with witnesses or obstruct the course of justice. 
  • That D needs to be kept in custody for his or her own protection.
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Factors to be taken into account

  • The nature and seriousness of the offence.If it is not an imprisonable offence bail can only be denied if D has previously failed to surrender to bail and is likely to do so again. 
  • The past record of the defendant and community ties. 
  • The previous bail record.
  • The strength of the evidence. 
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Conditions

Conditional bail- CJPOA 1994 gives the police power to impose conditions on the granting of bail eg: 

  • Reporting to the police station 
  • Surrender passport 
  • Bail Hostel 
  • Curfew (and tag) 
  • Exclusion 
  • Non-contact of person (phone, text, email, social network, 3rd person) 
  • Surety 
  • Residence order 
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Appeals by the defendant

  • D must be taken before a Magistrates' Court at the first opportunity if the police refuse bail. 
  • Only one further application if bail is refused. 
  • Appeal from a Magistrates' Court refusal of bail to a judge in the Crown Court.
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Appeals by the Prosecution

Bail Amendment Act 1993 as amended by the CJA 2003 gave the prosecution the right to appeal to a judge of the Crown Court against the granting of bail for any imprisonable offence. 

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Restrictions on Bail

  • Bail only granted in exceptional circumstance for murder, attempted, murder, manslaughter, **** or attempted **** if the defendaant has already served a custodial sentence for such a crime. 
  • Bail is restricted for adult drug users under CJA 2003 in certain circumstnaces. 
  • Restriction for suspected terrorists. 
  • If the offencce was committed while on bail. 
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Balancing Conflicting interests* (B question)

  • Argued that too many are remanded in custody- 20% of prison population
  • Many kept in remand later found not guilty or given a non-custodial sentence and get no compensation. 
  • Problem of balancing the rights of the defendant with protecting the public. 
  • More use of electronic tagging to prevent further offending could limit the use of custody. 
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