Flashcards in Bail Deck (17):
When may a person be released on bail?
After being arrested.
After being charged and before trial.
During trial process.
Why do the police release suspects on bail?
Whilst they make further enquiries, called 'bailed to return'.
What happens when the police grant bail?
Suspect must appear at local Magistrates Court at agreed date and time.
Who makes the decision on granting bail? Where is this stated?
Custody Officer under S38 PACE.
Why may bail be refused?
If suspect's name and address cannot be found or believe they have been given a false identity.
What happens if a person fails to surrender to bail?
Police have the right to arrest them.
Where are the rules on giving bail contained?
Bail Act 1976
What conditions can the police impose on granting bail?
Regularly report to police station.
Not interfere with witnesses.
Remain under curfew.
What happens when bail is not given?
Suspect must appear in Magistrates Court at earliest opportunity.
What is the general assumption on bail?
That everyone should be given bail.
When does a court not have to give bail?
If there is substantial grounds for believing suspect would;
Fail to surrender.
Interfere with witnesses.
Commit a further offence.
For own protection.
What other factors will the court consider when granting bail?
Nature and seriousness of offence.
Character, antecedents, associations and community ties.
If they’ve surrendered to bail before.
Strength of evidence.
What conditions can the court impose on granting bail?
Reporting to police station.
Residing at specific address or bail hostel.
What are sureties?
A person is prepared to pay the court a sum of money if the defendant fails to attend court, it is not paid until they fail to attend.
What can the defendant appeal against and how many times?
Only on further appeal is allowed, D appeals against refusal to grant bail to judge in Crown Court.
What does the Bail (Amendment) Act 1993 do?
Gives the prosecution right to appeal to judge against granting of bail.