Flashcards in Bail Deck (20)
What does s.4 of the Bail Act 1976 set out?
Presumption in favour of unconditional bail
Bail allows a defendant to remain at Liberty until when?
Next stage of trial
Who can grant bail?
NOT County Court
Common reason why bail might be refused
Reasonable suspicion that the suspect will fail to surrender to custody
Likely to commit an offence whilst on bail
Relevant considerations taken into account when considering whether to grant bail
What extra condition is always applied before someone accused of murder can be granted bail?
Two health checks and granted bail
What rights does a defendant have it they are refused bail?
Under the Bail Amendment Act 1993 what can the prosecution now do?
Appeal against grant of bail
What is the position regarding bail for those accused of a drugs related offence?
Restriction for class A drugs- positive = conditions
Name another category of offence where there may be different provisions regarding bail
Under the Crime and Disorder Act s.6 those accused of certain offences may only be granted bail under exceptional circumstances which are?
Two conflicting interests?
What does 'absconding' mean?
What condition would be best to deal with someone a court thought likely to abscond?
Taking their passport- security
What does 'antecedents' mean?
Past criminal record
What effect will a persons antecedents have on their chances of getting bail?
Bad record= not granted bail
What is the main advantage of using a bail hostel rather than sending someone to prison?
Have a job and pay taxes
If a person is refused bail they are sent to a prison to await their trial, which is called?
How might a person who is sent to prison until their case comes up be at a disadvantage?
On remand- lawyer ability to prepare case is reduced
Time wasted, job lost, ruined life