In what circumstances might a minor be granted bail for murder? Watch

ticktockharlequin
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#1
Report Thread starter 8 years ago
#1
Say you have a 14-year-old boy charged with murder, in England. Under what circumstances might he be offered bail?

I'm just curious - thank you!
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SevenStars
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#2
Report 8 years ago
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Section 114 amends Schedule 1 to the Bail Act 1976.

Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is of the opinion that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. Furthermore section 114(3)(a) states that the court in deciding whether there is no such significant risk, must have regard to any relevant considerations as stated in paragraph 9 of Part 1 of Schedule 1 to the Bail Act 1976. Section 114(3)(b) amends paragraph 9 in relation to bail decisions where the alleged offence is imprisonable and triable in the Crown Court. This section provides that, in deciding whether to grant bail in a case where the court is satisfied that there are substantial grounds for believing that the person would commit an offence while on bail, the court must have regard to the risk that such further offending would, or would be likely to, cause physical or mental injury to another person.

Where a person is charged with murder section 115 provides that bail can only be granted by a judge of the Crown Court. Section 115 applies to murder only. It does not apply to attempted murder or conspiracy to murder.

Information courtesy of the CPS.
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ticktockharlequin
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#3
Report Thread starter 8 years ago
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(Original post by SevenStars)
Section 114(2) provides that bail may not be granted to someone charged with murder unless the court is of the opinion that there is no significant risk that, if released on bail, that person would commit an offence that would be likely to cause physical or mental injury to another person. Furthermore section 114(3)(a) states that the court in deciding whether there is no such significant risk, must have regard to any relevant considerations as stated in paragraph 9 of Part 1 of Schedule 1 to the Bail Act 1976. Section 114(3)(b) amends paragraph 9 in relation to bail decisions where the alleged offence is imprisonable and triable in the Crown Court. This section provides that, in deciding whether to grant bail in a case where the court is satisfied that there are substantial grounds for believing that the person would commit an offence while on bail, the court must have regard to the risk that such further offending would, or would be likely to, cause physical or mental injury to another person.
So... bail only if the release of the young person (or just plain person, I don't think the information you gave is specific to young people) will not cause anybody mental upset, and if the person will not harm anybody while on bail, physically or mentally?


Still, does anybody know whether a young person is more or less likely to be granted bail for murder than an adult? Thanks!
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SevenStars
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Report 8 years ago
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Bail is bail, particularly in relation to murder charges, so the above applies to anyone who is old enough to be charged with murder.

A child of 14 would normally be held in local authority secure accommodation, so the effect of remand isn't quite as drastic as it would be for an adult (ie in prison).

I'd say that age isn't a deciding factor, it's the elements referred to in the statute that are relevant.
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