Bail

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  • Created by: 10dhall
  • Created on: 06-03-17 10:39
A suspect should be released on bail unless? -
Refuses to give name/address, the officer has reasonable grounds to believe he will fail to appear in court, detention necessary to prevent crime/physical injury/interfering with investigations, or for protection of him/child/welfare
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Who grants bail?
Magistrates Court, Police, Crown court in murder cases
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What are the Crown Court's powers on bail?
Can grant when offence is indictable, if the offender is appealing to the Crown court
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What is the statute governing bail?
The Bail Act 1976
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What section of the statute states about whether bail should be refused?
Section 4
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Why can bail be refused under this section?
If the defendant is; likely to abscond, commit further offences, interfere with witnesses, charged with murder, own/others protection, in custody already for previous offence, a drug user, absconded previously/has committed a serious offence on bail
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What are the bail conditions?
A surety, banned from people/places, curfew, living at a certain place, bail hotel, tagging, treatment for drug users, no contact with certain persons, reporting to the police
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What statutes have provisions which affect the grant of bail?
The Criminal Justice Act 1988 - requires Magistrates give reasons for their decisions. The Criminal Justice and Public Order Act 1994 - prevents bail being given for murder/****/manslaughter
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Is bail a good or bad thing?
Poor conditions whilst on remand, wide variations between courts in bail decisions, decisions made too fast, people abscond, people commit on bail
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Facts and figures?
6,000 peopl a year are placed on remand, 180 offences are committed daily by people on bail
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Other cards in this set

Card 2

Front

Who grants bail?

Back

Magistrates Court, Police, Crown court in murder cases

Card 3

Front

What are the Crown Court's powers on bail?

Back

Preview of the front of card 3

Card 4

Front

What is the statute governing bail?

Back

Preview of the front of card 4

Card 5

Front

What section of the statute states about whether bail should be refused?

Back

Preview of the front of card 5
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