Bail Flashcards

0
Q

What is police bail?

A

Police must consider whether to keep the person in the police station until the next magistrates court sitting or to release the arrested person to return for questioning or to attend court unless arrest is with a warrant which specifies bail. 84% get bail

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1
Q

Define bail

A

At Liberty until day of trial

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2
Q

Bail by Magistrates’ court

A

Bail is governed by the BAIL ACT 1976 as amended by Bail (amendment) Act 1993
S4 assumes a general right to bail and Liberty

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3
Q

What are the 5 TIC’s (taken into consideration) when deciding on bail?

A

1) Bail record
2) Previous convictions
3) Nature and seriousness of offence
4) Character, associations and community ties
5) Strength of evidence against them

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4
Q

What are the 5 substantial grounds to refusing bail?

A

1) Abscond (not go to trail)
2) Reoffend
3) Interfere with witnesses
4) Information insufficient to make decisions
5) Dangerous for D to be given bail

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5
Q

What are the 5 occasions court must give reasons for GRANTING bail?

A
Murder
Manslaughter
Rape
Attempted murder
Attempted rape
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6
Q

What acts grants repeat serious offenders can grant bail in exceptional circumstances?

A

Crime and Disorder Act 1988

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7
Q

Conditional bail under the Bail Act S3- what are the 5 reasons they can be allowed bail?

A

Provision of surety- someone else pays money if defendant absconds
Surrender of passport or driving licence
Restrictions/curfew- tags exclusion orders
Bail Hostel
Reporting to police- signs in at police station at scheduled times

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