Bail

Question 1

s.37 PACE

Answer 1

Suspect can be released without charge on condition they return to police station at specific date in future

Question 2

Policing and Crime Act 2017

Answer 2

Where a person has not been charged they cannot be on bail longer than 28days

Question 3

s.38 PACE

Answer 3

D bailed until Early Administrative Hearing at Magistrates

Question 4

Refuse Bail - s.38 PACE

Answer 4

• Doubt as to name/address of Suspect
• Detention is necessary to protect suspect or someone else
• Reasonable beleif suspect will fail to attend court or interfere with witness or adminstrartion of Justice

Question 5

Murder - Coroners and Justice Act 2009

Answer 5

Only Crown Court Judge can order bail for those charged with murder

Question 6

Street Bail - s.4 CJA 2003

Answer 6

For minor offences without need to be taken to police station

Question 7

s.4 Bail Act

Answer 7

Statutory Presumption to Bail

Question 8

LASPO 2012

Answer 8

Suspects should be released on bail provided there is no real prospect of a custodial sentence being issued

Question 9

Shedule (1)(9) Bail Act 1976 - Considers

Answer 9

• Nature & Seriousness of the Offence
• Character, past reccord, assosications and community ties of D
• D previous record of surrendering to Bail
• Strenght of Evidence

Question 10

Shedule 1(2) Bail Act 1976 - Court refuse bail if:

Answer 10

Substantial grounds to believe that:
- Fail to surrender to custody
Commit an offence while on bail
- Interfere or otherise obstruct the course of Justice

Question 11

Domesitc violence restriction on bail

Answer 11

LASPO 2012 - If court belives there is substantial grounds D would cause harm to associated person

Question 12

Terrorism

Answer 12

s.24 Anti-Terrorism Crime Security Act 2001 - All Bail applications for terror susepcts to be sibmitted to Special Immigration Appeals Commission

Question 13

Already on Bail

Answer 13

s.14 CJA 2003 - If D commits an offence on bail then court should refuse bail

Question 14

Class A Drugs

Answer 14

Refuse bail uner s.18 CJA 2003 if D tests postive for Class A drugs and offence is connected to Class A drugs

Question 15

Condtions of Bail - Criminal Justice and Public ORder Act 1994

Answer 15

• Minimise the risk of D committing another offence while on bail
• PRevent D from interfereing with investigation
• For D’s own protection

Question 16

Police (Dentention and Bail) Act 2011

Answer 16

Suspect cannot be released on bail wihtout charge for longer than 96hrs