Bail is your freedom until your trial date, bail enables a defendant to remain at liberty until the next stage of their case. The power to grant bail is given under the Bail Act 1976. This is they key act that governs both police and court bail it states that there is a presumption that bail will be granted to all suspects unless the police or court can justify the refusal of bail. Bail is important for the defendant so that they can consult with their lawyers to prepare their case and allows the defendant to carry on with their daily life’s for example education and employment.
There are two different types of bail police bail and court bail. There are two occasions where a police bail can be granted the first one is that the police may release a suspect on bail while they make further enquiries which means the suspect is released but must return to the police station at a later date this will allow police to do further investigating. The other is that the police can give bail to a defendant who has been charged with an offence which means they are bailed until the trial date at their local magistrates. The decision whether to grant bail is up to the custody officer under s38 of Police and Criminal Evidence Act 1984 as amended by Criminal Justice and Public Order Act 1994. However, the custody can also refuse bail if: it is likely the defendant will re-offend, further offences are likely to be committed, physical injury caused to others or damage to property, for their own protection and to stop interfering with evidence or witnesses. If any person fails to attend bail the police have a right to arrest them. There is conditional bail where police will impose certain conditions such as: handing in their passport, reside at a bail hostel, report to the police stations at set times and a surety which is an amount of money for freedom. Such conditions can only be imposed by the police in order to make sure that the defendant surrenders bail and does not commit another offence whole on bail or interfere with evidence/witnesses.
The other type of bail is court bail where often the magistrates court cannot deal with the whole case in the first hearing when this happens the magistrates must decide whether the defendant should be granted bail until their next hearing or if they should remain in custody. The courts may refuse to allow bail to a defendant if: suspect fails to surrender custody, commit further offences while on bail, intefer3e with witnesses and for their own protection. When deciding whether or not to grant bail the magistrates court will decided factors such as: nature and seriousness of the offence, the character of the defendant, their past record, previous bail and the strength and evidence against them. Bail only granted in exceptional circumstances for murder, attempted murder, manslaughter, rape or attempted rape if the defendant has already served a custodial sentence for such a crime bail can only be granted in the Crown Court for a murder suspect. Bail will be restricted for adult Class A drug users under the Criminal Justice Act 2003 in certain circumstances.
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can someone please mark by law essay on Bail watch
- Thread Starter
- 12-02-2017 16:27
- Official Rep
- 14-02-2017 18:03
Sorry you've not had any responses about this. Are you sure you've posted in the right place? Here's a link to our subject forum which should help get you more responses if you post there.
Just quoting in Amusing Elk so she can move the thread if needed
Spoiler:Show(Original post by Amusing Elk)
Offline20ReputationRep:Community AssistantPS Reviewer
- Community Assistant
- PS Reviewer
- 15-02-2017 14:04
I don't think this is something we can do here. Please read the sticky.
All I would say is are you addressing the actual point and have you got a clear line of argument? It seems rather short to be addressing such a complex point such as Bail, and the Bail Act.