ELS: Pre- trial & Bail 0.0 / 5 ? LawBailA2/A-levelOCR Created by: em.101Created on: 27-10-17 21:18 Bail Act (BA) 1976 General right to bail- will remain at liberty until next stage of case 1 of 14 Bail Amendment Act (BaA) 1993 factors taken into account when granting bail 2 of 14 Crime Disorder Act (CDA) 1998 factors taken into account when granting bail 3 of 14 Criminal Justice Act (CJA) 2003 restricts bail for adult drug users 4 of 14 Magistrates Court Act (MCA) 1980 both mags and police can grant bail 5 of 14 Factors taken into account when granting bail (4) (1) nature, seriousness of offence (2) antecedents (3) previous bail record (4) strength of evidence 6 of 14 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 7 of 14 Exceptional circumstances only for which crimes... ? murder, manslaughter, ****, attempted **** // previously served custodial sentence for such crimes // protection of public 8 of 14 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 9 of 14 Unconditional bail only have to turn up at COURT on GIVEN DATE 10 of 14 Prevention of Terrorism Act (PTA) 2005 restricts bail for terrorism: home detention 11 of 14 Are suspects rights adequately protected? (no) approx 20% of those refused bail& put on remand are found GUILTY& sent to prison 12 of 14 Are suspects rights adequately protected? (yes) otherwise, would interfere with LIBERTY and therefore Human Rights 13 of 14 Time on remand....? No compensation offered if found NOT GUILTY: interferes with LIBERTY 14 of 14
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