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AS Law > Bail > Flashcards

Bail Flashcards

1
Q

What does it mean?

A

At liberty until day of trial

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2
Q

What is the act?

A

The bail act 1976

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3
Q

What is it amended by?

A

The criminal justice act 1988

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4
Q

What is the starting point?

A

The assumption that everyone is granted bail

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5
Q

4 circumstances where bail won’t be granted?

A

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

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6
Q

Why would someone not be granted bail if they would fail to surrender to custody?

A

They would be unlikely to turn up

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7
Q

Why would someone not be granted bail if they would commit another offence whilst on bail?

A

They would be likely to commit another crime

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8
Q

Why would someone not be granted bail if they would interfere with witnesses and obstruct the court of justice?

A

They may apply pressure to others and influence people’s stories

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9
Q

Why would someone not be granted bail if they need to be kept in custody for their own protection?

A

The could damage others or even themselves

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10
Q

What does it mean by the probable method of dealing with it?

A

Which court will hear the case

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11
Q

What does it mean by the defendants record re fulfilment of their obligations under previous grants of bail?

A

Is the D likely to turn up

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12
Q

Why is the strength of evidence important?

A

If the evident is weak, the D is more likely to get bail

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13
Q

5 possible conditions required by the court to grant bail?

A 
Surrender passport
Curfew
Report to station 
Residence
Surety
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14
Q

Why may someone have to surrender their passport?

A

They may abscond to another country

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15
Q

Why may someone be given a curfew?

A

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

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16
Q

Why may someone have to report to the police station?

A

To show that they haven’t left the country and are obeying the law

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17
Q

Why may someone have a residence e.g. bail hostel?

A

To keep them out of danger of the public

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18
Q

What is a surety?

A

A person willing to pay a certain compensation if the D does not surrender to Bail/ turn up

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19
Q

What is the promise of a surety called?

A

A recognisance

20
Q

4 additional reasons why bail will not be granted?

A

Anti-terrorism crime and security act 2001
Criminal justice act 2003
Those charged with murder
Testing + for class A drugs

21
Q

Why is he ATCSA?

A

To foreign citizens who were suspected of being involved in terrorist activities

22
Q

When was the ATCSA?

A

2001

23
Q

What was the criminal justice act?

A

To adults who have committed the alleged offence whilst on bail

24
Q

When was the criminal justice act?

A

2003

25
Q

Will bail everyone granted to someone who takes class A drugs?

A

Only if there is no significant risk of offending whilst on bail

26
Q

Under what section states that the accused should be granted bail?

A

Section 4 of the bail act 1976

27
Q

In what type of offence can the right to bail be denied?

A

Indictable

28
Q

Who has power to grant bail?

A

Police and the courts

29
Q

The normal principles of the bail act 1976 are given in what section?

A

5.2.2

30
Q

What happens if the D is charged with an offence not punishable for imprisonment?

A

Then bail may be refused if they have previously failed to surrender

31
Q

What does conditional bail mean?

A

The D is free until their trial but must obey certain rules

32
Q

What does unconditional bail mean?

A

The D is free until the day of the trial

33
Q

What does remanded in custody mean?

A

The D will stay in prison until the day of their trial

35
Q

What does section 4 of bail state?

A

It assumes a general right or bail

36
Q

What does section 3 of bail state?

A

The court may impose conditions as a term of allowing bail

36
Q

What does section 4 state? (Quote)

A

Bail is “a right not a privilege”

37
Q

What 5 things will the court decide, inter alia?

A

Nature/Seriousness

Probable method of dealing with it

Antecedents

D’s recored re-fulfilment of their obligations under previous grants of bail

Strength of evidence

38
Q

What does inter alia mean?

A

Amongst other things

39
Q

What are antecedents?

A

The defendants past records

41
Q

Can the D appeal against the refusal of bail?

A

Yes to a judge at the crown court

42
Q

Can the pros appeal?

A

Yes to a judge at the crown court

43
Q

Why may the pros appeal?

A

Appeal against granting bail for all offences punishable with imprisonment

44
Q

What happens if the D has an offence brought against them whilst on bail?

A

They won’t be granted bail ONLY if there is no significant risk of reoffending

45
Q

What happens if someone tests + for class A drugs?

A

Restrictions on their bail will be placed

46
Q

What does reprimand on bail hostel mean?

A

The D has to live in a residence until the day of their trial

47
Q

Why may someone have to live in a bail hostel?

A

It isn’t safe for them to live at their own home

48
Q

What does section 6 state?

A

As soon as the D doesn’t arrive for their trial, they are in “Breach of Absconding” and can have a warrant issued

AS Law (17 decks)

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