- Created by: Izzz
- Created on: 20-06-15 20:32
PLEASE DOUBLE CHECK ALL FACTS AND CASES AS THE LAW CHANGES SO FREQUENTLY THAT FACTS COULD NOW BE OUT OF DATE AND SOME FACTS MAY BE INCORRECT
- “The law relating to bail has all but abandoned the principle that everyone should be treated as innocent unless proven guilty in court.” Discuss.
- "To what extent is the presumption in favour of a right to bail offset by rules which allow bail to be refused in appropriate circumstances?"
- What is bail?
- What does Bail aim to achieve? A balance of the accused rights and protection of the public
- Bail is currently in favour of the accused
- Gap has been narrowed by the Legal Aid, Sentencing and Punishment of Offeneders Act (LASPO) 2012
1) Police bail:
- Established by s38 Police and Criminal Evidence Act 1984 (PACE)
- When can police refuse bail?
- Reasonable grounds to belive that: the suspects name/address can not be obtained, that the suspects name/address is not genuine, that the suspect will commit another offence on bail or interfere with witnesses
- Where it is a case of murder, under s115 Coroners and Justice Act 2009 bail must be decided by a Crown Court judge
- In favour of:
- The accused - Need reasonable grounds not just suspicion
- The public - Prevents criminals being released who will reoffend
2) Court bail:
- s4 Bail Act 1976
- Prima Facie right to bail = presumption of bail
- When can courts refuse bail?
- The courts need substaintial grounds to belive that the defendant…