Bail

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  • Created by: 10dhall
  • Created on: 07-12-16 12:17
What is the main act governing Bail?
The Bail Act 1976
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What are basic principles of the Bail Act 1976?
There is a presumption in favour of bail, and there are two types of bail
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What types of bail are there?
Conditional and unconditional
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What are the requirements of a conditional bail that can be imposed?
Curfew, tagging, not allowed at a certain place or with certain people/person, reporting back to the police, a resident requirement, address change, security and a surety
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What reasons can bail be refused?
If the defendant has absconded in previous hearings, the defendant needs to be kept in prison for his own/others safety, or if there is a risk of further offending.
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What is considered when giving bail?
The defendants character, antecedents, the risk of offending on bail, and the offence that has been committed
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Who grants bail?
The police 80%, the Magistrates Court, and the Crown Court for indictable offences
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What act provides that bail is refused in a serious crime?
The Criminal Justice and Public Order Act 1994
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What act provides that the prosecution can appeal to the Crown Court against the grant of bail?
The Bail Act 1993
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What act provides that Magistrates must give reason for their decisions on bail?
The Criminal Justice Act 1988
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Facts and figures?
6,000 are on remand each year and Magistrates lack information when making decisions
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What is the difference between bail and remand?
Bail you are released in the community, remand is time spent in prison. On remand, if you are found guilty at your trial the time spent on remand is counted as your sentence
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Card 2

Front

What are basic principles of the Bail Act 1976?

Back

There is a presumption in favour of bail, and there are two types of bail

Card 3

Front

What types of bail are there?

Back

Preview of the front of card 3

Card 4

Front

What are the requirements of a conditional bail that can be imposed?

Back

Preview of the front of card 4

Card 5

Front

What reasons can bail be refused?

Back

Preview of the front of card 5
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