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Flashcards in Bail Deck (20)
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0

What does s.4 of the Bail Act 1976 set out?

Presumption in favour of unconditional bail

1

Bail allows a defendant to remain at Liberty until when?

Next stage of trial

2

Who can grant bail?

Police
Magistrates
Crown Court

NOT County Court

3

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

4

Relevant considerations taken into account when considering whether to grant bail

Curfew
Tagging
Bail Hostel

5

What extra condition is always applied before someone accused of murder can be granted bail?

Two health checks and granted bail

6

What rights does a defendant have it they are refused bail?

Appeal once

7

Under the Bail Amendment Act 1993 what can the prosecution now do?

Appeal against grant of bail

8

What is the position regarding bail for those accused of a drugs related offence?

Restriction for class A drugs- positive = conditions

9

Name another category of offence where there may be different provisions regarding bail

Terrorists

10

Under the Crime and Disorder Act s.6 those accused of certain offences may only be granted bail under exceptional circumstances which are?

Murder
Attempted Murder
Manslaughter
Attempted manslaughter
Rape

11

Two conflicting interests?

Public interest
Suspects Liberty

12

What does 'absconding' mean?

Fleeing

13

What condition would be best to deal with someone a court thought likely to abscond?

Taking their passport- security

14

What does 'antecedents' mean?

Past criminal record

15

What effect will a persons antecedents have on their chances of getting bail?

Bad record= not granted bail

16

What is the main advantage of using a bail hostel rather than sending someone to prison?

Less cost
Have a job and pay taxes

17

If a person is refused bail they are sent to a prison to await their trial, which is called?

Remanded

18

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

19

Police input

Decision made by custody officer if bail is to be granted
Bail will be refused if suspects name and address cannot be discovered or they believe it not to be genuine
If police refuse bail then the suspect must be taken to the magistrates court at the earliest opportunity