presumption that anyone is able to remain at liberty until the next stage in the case. however this right can be refused
1 of 12
what is police bail?
when police release a suspect on bail after they have been arrested while further enquires are made. suspects can be remanded in custody but in this case they must visit the magistrates court ASAP
2 of 12
what is unconditional bail?
most people granted unconditional bail- free until next stage in the case because we are innocent until proven guilty
3 of 12
what does s115 of the coroners and justice act 2009 say?
if you are charged with murder and there is no reason to believe that you are a significant risk to anyone else you can be granted bail
4 of 12
what does s27 of the criminal justice and public order act 1994 allow?
the court to put conditions on bail.
5 of 12
give 5 examples of conditions bail can have
1. curfew (a tag) 2. surety - making someone show they have the money to pay if you dont surrender to bail 3. surrender your passport 4. report to police station regularly 5. stay in a bail hostel
6 of 12
what 6 things will the court consider when deciding whether to grant bail or not?
1. previous bail behaviour 2. previous convictions 3. defendants character 4. strength of evidence 5. nature and seriousness of offence 6. community ties.
7 of 12
what happens under s56 of the crime and disorder act 1998?
someone convicted of **** murder or attempted murder then charged again with another serious offence they are a repeat serious offender so will not be granted bail
8 of 12
what happens under s14 of the criminal justice act 2003?
if an offence is committed on bail, bail can then be refused
9 of 12
what is the importance of s19 of the criminal justice act 2003?
allows bail to be refused if D is charged with a drugs related offence and refuses treatment
10 of 12
what is the importance of s114 of the coroners and justice act 2009?
if there are substantial grounds to believe D will engage in conduct likely to injure another person, bail can be refused
11 of 12
when can bail also be refused?
if it is thought that D will interfere with witnesses or obstruct justice, they will fail to surrender to custody or commit an offence whilst on bail
12 of 12
Other cards in this set
Card 2
Front
what is police bail?
Back
when police release a suspect on bail after they have been arrested while further enquires are made. suspects can be remanded in custody but in this case they must visit the magistrates court ASAP
Card 3
Front
what is unconditional bail?
Back
Card 4
Front
what does s115 of the coroners and justice act 2009 say?
Back
Card 5
Front
what does s27 of the criminal justice and public order act 1994 allow?
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