Criminal courts and appeals

Bail 

The presumption in favour of bail --- the Bail Act 1976

= A general presumption in favour of a bill that states that after an arrest always assume bail to be granted 

-IF the defenedent committed of a crime that is not expected result of imprisonment then the bail not applicable 

BUT if the defendent has a past with failure to comply with bail conditions then shall not be granted

CONDITIONAL AND UNCONDITIONAL 

conditional bail- when defendent must oblige to one condition following to show up at court at the right date 

unconditional bail- where there are set conditions that must be followed to control the offender from wrong doing 

Bail conditions 

-surety= police can ask a person to act as a surety for the defende before granting bail. That if the defendent breaches the bail conditions then the surety will need to pay for their disobeidence. NO money has to be made unless there is a breach. 

- surrender passport

- electric tags

-contact bans

-exclusion zones 

- report to police at set times 

Factors taken account when granting bail 

- strength of evidence against defendent 

- the nature and seriousness of the crime committed 

-previous bail record of defendent 

Reasons for refusing bail 

- failure to surrender to custody 

-likelihood of committing another crime

-likelihood of interfering with witnesses or course of justice 

Restriction of bail 

under the coroners and justice act 2009--- bail is not to be granted when someone charged with murder unless it is satisified that the defender will not cause any pyshical or mental harm to another person---- this bail must be granted by crown court only

Exeptional circumstances -- offences that should not get bail but it is satisfied considerably safe to allow bail 

bail is granted for expeptional circumstances eg murder, attempted murder, ****, other sexual offences if served similar sentences 

criminal and justice act 2009-- Class A drug users are restricted of bail in which shall not be granted unless the opinion of court has decided that there is no significant risk of recommiting 

-The focus has recently changed from the right to liberty to a more important…