Bail Flashcards
What does it mean?
At liberty until day of trial
What is the act?
The bail act 1976
What is it amended by?
The criminal justice act 1988
What is the starting point?
The assumption that everyone is granted bail
4 circumstances where bail won’t be granted?
Fail to surrender to custody
Commit another offence whilst on bail
Interfere with witnesses and obstruct court of justice
Kept in custody for their own protection
Why would someone not be granted bail if they would fail to surrender to custody?
They would be unlikely to turn up
Why would someone not be granted bail if they would commit another offence whilst on bail?
They would be likely to commit another crime
Why would someone not be granted bail if they would interfere with witnesses and obstruct the court of justice?
They may apply pressure to others and influence people’s stories
Why would someone not be granted bail if they need to be kept in custody for their own protection?
The could damage others or even themselves
What does it mean by the probable method of dealing with it?
Which court will hear the case
What does it mean by the defendants record re fulfilment of their obligations under previous grants of bail?
Is the D likely to turn up
Why is the strength of evidence important?
If the evident is weak, the D is more likely to get bail
5 possible conditions required by the court to grant bail?
Surrender passport Curfew Report to station Residence Surety
Why may someone have to surrender their passport?
They may abscond to another country
Why may someone be given a curfew?
So the D has to be in a specified place in a specified time - most crimes occur at night meaning that they won’t be able to commit crimes as they had been issued a curfew
Why may someone have to report to the police station?
To show that they haven’t left the country and are obeying the law
Why may someone have a residence e.g. bail hostel?
To keep them out of danger of the public
What is a surety?
A person willing to pay a certain compensation if the D does not surrender to Bail/ turn up
What is the promise of a surety called?
A recognisance
4 additional reasons why bail will not be granted?
Anti-terrorism crime and security act 2001
Criminal justice act 2003
Those charged with murder
Testing + for class A drugs
Why is he ATCSA?
To foreign citizens who were suspected of being involved in terrorist activities
When was the ATCSA?
2001
What was the criminal justice act?
To adults who have committed the alleged offence whilst on bail
When was the criminal justice act?
2003
