ELS: Pre- trial & Bail

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  • Created by: em.101
  • Created on: 27-10-17 21:18
Bail Act (BA) 1976
General right to bail- will remain at liberty until next stage of case
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Bail Amendment Act (BaA) 1993
factors taken into account when granting bail
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Crime Disorder Act (CDA) 1998
factors taken into account when granting bail
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Criminal Justice Act (CJA) 2003
restricts bail for adult drug users
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Magistrates Court Act (MCA) 1980
both mags and police can grant bail
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Factors taken into account when granting bail (4)
(1) nature, seriousness of offence (2) antecedents (3) previous bail record (4) strength of evidence
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Reasons for refusing bail (4)
(1) fail to surrender (2) commit further offence (3) interfere with witness/ course of justice (4) offence committed while on bail
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Exceptional circumstances only for which crimes... ?
murder, manslaughter, ****, attempted **** // previously served custodial sentence for such crimes // protection of public
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Conditional bail (6)
(1) residence order (2) surrender passport (3) report to police station (4) curfew, may have electronic tag (5) surety (6) exclusion zones
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Unconditional bail
only have to turn up at COURT on GIVEN DATE
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Prevention of Terrorism Act (PTA) 2005
restricts bail for terrorism: home detention
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Are suspects rights adequately protected? (no)
approx 20% of those refused bail& put on remand are found GUILTY& sent to prison
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Are suspects rights adequately protected? (yes)
otherwise, would interfere with LIBERTY and therefore Human Rights
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Time on remand....?
No compensation offered if found NOT GUILTY: interferes with LIBERTY
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Other cards in this set

Card 2

Front

factors taken into account when granting bail

Back

Bail Amendment Act (BaA) 1993

Card 3

Front

factors taken into account when granting bail

Back

Preview of the back of card 3

Card 4

Front

restricts bail for adult drug users

Back

Preview of the back of card 4

Card 5

Front

both mags and police can grant bail

Back

Preview of the back of card 5
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