Law: Criminal Justice (Bail)

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Who can grant bail?
The police (at the station or on the street) and the courts (Crown court or Magistrates)
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What act grants police bail?
The Police and Criminal Evidence Act 1984
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What does the Bail Act 1976 state about police bail at the station?
That it must follow normal principles
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What act gives the police the power to grant unconditional bail?
Section 4 of the Criminal Justice Act 2003
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What does section 4 of the Bail Act 1976 show?
That bail can be refused if there are substantial grounds for believing that the defendant would; fail to surrender to custody, commit an offence whilst on bail, interfere with witnesses or otherwise obstruct the courts of justice and protection of D
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What factors must be considered when deciding whether to grant bail? (NESW)
Nature and seriousness of the offence, character past record and community ties, whether the D's failed to answer bail before and the strength of evidence against the D
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Section 56 of the Crime and Disorder Act 1998 states that...
Bail will only be granted if there are exceptional circumstances for very serious offences where the defendant has previously served a custodial sentence for such an offence
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What do the amendments in the Coroners and Justice Act 2009 do?
The Magistrates court lost any power to grant bail in relation to allegations of muder
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Section 14 of the Criminal Justice Act 2003 states that...
A person who is over the age of 18 who commits an alleged offence whilst on bail can't get bail for that offence again-unless court are satisfied there is no significant risk of re-commital
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Section 19 of the Criminal Justice Act 2003 states that...
An offender charged with possession or supply of class A drugs or there are reasonable grounds for suspecting the misuse of class A drugs caused the D to commit an offence then no bail-unless court is satisfied there is no significant risk
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What is bail?
Bail is where any person is released after arrest and is free to remain at liberty until the next stage of the case.
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Other cards in this set

Card 2

Front

What act grants police bail?

Back

The Police and Criminal Evidence Act 1984

Card 3

Front

What does the Bail Act 1976 state about police bail at the station?

Back

Preview of the front of card 3

Card 4

Front

What act gives the police the power to grant unconditional bail?

Back

Preview of the front of card 4

Card 5

Front

What does section 4 of the Bail Act 1976 show?

Back

Preview of the front of card 5
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