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.
2 of 8
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.
3 of 8
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
4 of 8
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.
5 of 8
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.
6 of 8
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.
7 of 8
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.
Comments
No comments have yet been made