Bail essay plan

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PLEASE DOUBLE CHECK ALL FACTS AND CASES AS THE LAW CHANGES SO FREQUENTLY THAT FACTS COULD NOW BE OUT OF DATE AND SOME FACTS MAY BE INCORRECT

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…

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