AS Law Unit 2 - Bail

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Being at liberty until the next stage of the case

  • Can be release anytime after police have arrested
  • Can be arrest if do not surrender to bail

Police powers to grant bail

  • S.46 Police Bail
    • Police can release suspect while they make further enquiries
    • Must return to police station, certain date and time
    • S.46A PACE... Police can arrest without warrant if offender fails to surrender to bail
  • Police can bail offender after they have been charged to attend court on certain date
  • Decision is made by custody officer to grant bail
  • Can be refused bail, remanded in custody, produced before court at earliest opportunity
  • 84% charged and given bail
  • 14% of those fail to turn up
  • Police can impose conditions:
    • Surrender passport
    • Surety
    • Report to police station

Custody officer can refuse bail if:

  • Suspects name and address cannot be discovered
  • Doubt whether name and address is correct
  • Grounds under Bail Act 1976
    • Tested positive for specified class A drug, refuse treatment
    • Reasonable grounds if on…


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