Bail

Question 1

Bail process

Answer 1

-arrest, not charged, return to station (police bail)
-arrest, charged, early admin hearing (police bail), trial (court bail)

Question 2

What is court bail?

Answer 2

-Bail Act 1976 gives court power to grant bail
-they should consider: nature of offence, character, defendants previous record, strength of evidence
-bail will NOT be granted if: commit another offence on bail, fail to surrender to bail, interfere with witness, own protection

Question 3

What is police bail?

Answer 3

Police can grant bail in three circumstances:
-when released without charge on condition they return to station on specific date
-when charged with offence until early admin hearing
-street bail for minor offences

Question 4

What is conditional bail?

Answer 4

-granted by police or courts under s3 of Bails Act 1976
-imposed to minimise risk of reoffending or interference with investigation
-conditions like curfews may be imposed

Question 5

Advantages of bail

Answer 5

-reduction of defendants on remand, reducing costs
-maintain employment and spend time with family
-approximately 20% awaiting trial go on to be innocent

Question 6

Disadvantages of bail

Answer 6

-risk of interference with witnesses or investigation
-12% of bailed suspects fail to arrive in court
-1/3 of burglaries committed by people on bail

Question 7

Restrictions on bail

Answer 7

-bail cannot be granted for murder, rape or manslaughter when defendant has served for similar offence previously
-bail refused if defendant committed offence on bail for a different offence
-only granted in serious cases if court is satisfied by exceptional circumstances
-bail isn’t granted if defendant tests positive for Class A drugs