Bail essay plan

PLEASE DOUBLE CHECK ALL FACTS AND CASES AS THE LAW CHANGES SO FREQUENTLY THAT FACTS COULD NOW BE OUT OF DATE AND SOME FACTS MAY BE INCORRECT

Example questions: 

• “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?"

Introduction: 

• 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…