Bail

Question 1

What is decided in the pre-trail regarding bail?

Answer 1

If a suspect should be remanded in custody or released pending trial

Question 2

At which points may a person be released on bail?

Answer 2

After being arrested
After being charged and before trial
During the trial process itself (e.g If an adjournment is needed)

Question 3

What is “bailed to return”?

Answer 3

That the police may release a suspect on bail whilst they make further enquiries

Question 4

What are the conditions of ‘bailed to return’?

Answer 4

The suspect may be released on the condition he/she returns on a specific date

Question 5

Why may the police grant bail?

Answer 5

If they are making further enquiries

Question 6

In regards to powers, who usually grants bail?

Answer 6

The custody officer

Question 7

What gives the custody officer the power to grant bail?

Answer 7

S38 police and criminal evidence act 1984

Question 8

What powers does S38 of the police and criminal evidence act 1974 grant?

Answer 8

Custody officers to grant bail

Question 9

What amended the rules on bail?

Answer 9

Criminal justice and public order act 1994

Question 10

What did the criminal justice and public order act 1994 do?

Answer 10

Amend s38 of the pace act (1984) the rules on bail

Question 11

Why may the police refuse a suspect bail?

Answer 11

If the suspects name and address cannot be discovered or if police think the suspect has given a false identity

Question 12

What happens if someone fails to surrender to bail?

Answer 12

The police have the right to arrest them

Question 13

Where are the rules on bail laid out?

Answer 13

The bail act 1976

Question 14

What allows the police to impose conditions on granting bail?

Answer 14

Criminal justice and public order act 1994

Question 15

What conditions may the police impose?

Answer 15

Request the defendant surrenders their passport
Report regularly to the police station
Not interfere with witnesses
Remain under curfew for specified times

Question 16

What happens to the suspect if bail is not granted?

Answer 16

The suspect must appear in the magistrates court at the earliest opportunity

Question 17

What does the bail act 1976 lay out?

Answer 17

The rules on bail

Question 18

When was the bail act created?

Answer 18

1976

Question 19

When was the criminal justice and public order act created?

Answer 19

1994

Question 20

When was the police and criminal evidence act created?

Answer 20

1984

Question 21

What does s4 of the bail act 1976 state?

Answer 21

That there is a general presumption that a person should be given bail, but this is limited in some cases

Question 22

Why may the court not grant bail?

Answer 22

If they believe there’s substantial grounds for believing the suspect would:
Fail to surrender to custody
Commit an offence while on bail
Obstruct the court of justice e.g interfere with witnesses
Or if the suspect should be Keith in custody for their own protection

Question 23

What are the reasons the court does not have to grant bail?

Answer 23

If they believe there’s substantial grounds for believing the suspect would:
Fail to surrender to custody
Commit an offence while on bail
Obstruct the court of justice e.g interfere with witnesses
Or if the suspect would be kept in custody for their own protection

Question 24

What factors should the court consider when granting bail?

Answer 24

The nature and seriousness of the offence
The character, associations and community ties of the defendant
Whether the defendant has surrendered to bail on previous occasions
Strength of evidence against him

Question 25

What type of matter is bail?

Answer 25

A pre-trail matter, decided in the EAH

Question 26

Who can grant bail?

Answer 26

The custody officer, police and the courts

Question 27

When can bail be refused if the defendant is charged with an offence not punishable with imprisonment?

Answer 27

When the defendant has failed to surrender to bail before

Question 28

What conditions can the court impose on a stake T bail?

Answer 28

The same as the police (surrendering of passport, reporting to police or specific address at certain times and dates) but they may also order them to reside at a bail hostel

Question 29

What is a surety?

Answer 29

When another person promises to pay the court a sum of money if the defendant fails to attend court

Question 30

How do sureties in the U.K differ to the US?

Answer 30

Money is only paid if the defendant fails to attend

Question 31

Who can issue the requirement of a surety?

Answer 31

The police or courts

Question 32

How many renewed applications for bail are allowed?

Answer 32

Usually 1

Question 33

Who can appeal in terms of bail?

Answer 33

The defendant can appeal against the refusal to grant bail | The prosecution can appeal against the granting of bail

Question 34

Where are bail appeals heard?

Answer 34

By a judge in the crown court

Question 35

What does the bail (amendment) act 1993 allow?

Answer 35

The prosecution to appeal to a judge at the crown court against the granting of bail

Question 36

What gives the prosecution the right to appeal against the granting of bail?

Answer 36

The bail (amendment) act 1993

Question 37

What year was the bail (amendment) act?

Answer 37

1993

Question 38

What are the restrictions on granting bail?

Answer 38

``` A person charged with an indictable offence such as murder or rape who has already served a custodial sentence for a similar offence will kinky be granted bail in exceptional circumstances Restrictions will be placed on defendants who have tested positive for certain class a drugs. Bail will only be granted if the court is satisfied if there's no significant risk of them offending again ```

Question 39

When may someone who tested positive for class a drugs be granted bail?

Answer 39

If the court feels they pose no significant risk of committing an offence while on bail

Question 40

What amended the bail act 1976 to put restrictions on those who test positive for class a drugs?

Answer 40

S19 of the criminal justice act 2003

Question 41

What does s19 of the criminal justice act 2003 do?

Answer 41

It amended the bail act 1976 and there's now restrictions on those who test positive for class a drugs. They will only be granted bail if the court feels they pose no significant risk of committing an offence whilst on bail

Question 42

What are the advantages of the bail system?

Answer 42

There's a reduction in the number of defendants on remand which means less cost to the government The defendant can maintain employment and spend time with their family The defendant is able to prepare for his trial and meet with their legal representative more easily

Question 43

What are the disadvantages of the bail system?

Answer 43

Too many people are refused bail, 20% of those in prison are awaiting trial. Some will be found not guilty but aren't entitled to any compensation 60% of those convicted are given non-custodial sentences There should be a presumption of innocent until proven guilty, therefore bail should rarely be refused There's not enough staff to monitor bail hostels 12% bailed fail to appear at trial 1/3 burglaries are committed whilst on bail