Transcript Bail

Bail
What is bail?
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Bail is being given liberty until the next stage in the
case.
Remand in Custody is being kept in custody until your
trial.
This is an extremely important pre-trial matter which
needs to be considered in every case. A person can be
released on bail at any point after being arrested by the
police, sometimes however it is felt necessary to keep
the suspect/defendant in custody until their trial.
Police Bail
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The police can release a suspect on bail while they make further inquiries. This
means that the suspect is released from custody on condition that they return
to the police station on a specified date in the future.
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The police can also give bail to a suspect who has been charged with an
offence. In this situation the defendant is given bail on condition that they
appear at the Magistrates' Court on a specified date.
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The decision whether or not to grant bail is made by the custody officer under
s38 of the Police And Criminal Evidence Act 1984 (PACE) (as amended by
the Criminal Justice and Public Order Act 1994) The custody officer can
refuse to grant bail if;
the suspect's name and address cannot be ascertained
there are doubts about whether the suspect's name and address are genuine
If any person fails to surrender to police bail on the date specified then the
police have the right to arrest them.
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Conditions on Police Bail
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The Criminal Justice and Public Order Act 1994 gave the
police the power to impose certain conditions on a grant of
bail. These include;
asking the suspect to surrender their passport
to report regularly to the police station
getting another person to stand surety for them
These conditions can be imposed in order to;
make sure the suspect surrenders to bail
does not commit an offence whilst on bail
does not interfere with witnesses
does not interfere in any other way with the course of justice
When the Police Refuse to Grant Bail
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If the police charge a suspect with an offence and are
not willing to grant them bail they must bring the
defendant before the Magistrates' Court at the first
possible opportunity.
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It is not usually possible for the Magistrates to deal with
the case there and then so they must make the decision
whether the defendant is granted bail or remanded in
custody. It is only in a very small percentage of cases
that the police refuse bail. The main statute relating to
whether a defendant should be granted bail by the
Magistrates' Court is the Bail Act 1976
The Bail Act 1976
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There is an assumption under the Bail Act 1976 that an
accused person should be granted bail.
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s4 of the Bail Act 1976 gives a general right to bail,
however, the Court need not grant a defendant bail if it
is satisfied that there are substantial grounds for
believing that the defendant, if released on bail, would;
fail to surrender to custody
commit an offence whilst on bail
interfere with witnesses or otherwise obstruct the
course of justice
needs to be kept in custody for their own protection
The Bail Act 1976
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When deciding whether to grant bail to the defendant the court
will consider various factors;
The nature and seriousness of the offence
The character, antecedents (past record), associations and
community ties of the defendant
The defendant's previous record when granted bail
The strength of the evidence against the defendant
The court can also set conditions to a grant of bail, similar to the
ones which may be made by the police and can also make a
condition of bail that the defendant must reside, while on bail, at
a certain address or even in a bail hostel.
A defendant can appeal against the refusal of the Magistrates'
Court to grant bail. This appeal is to a judge in the Crown
Court. Where a defendant has been sent to the Crown Court for
trial (indictable and some triable either way offences) the
defendant can apply for bail there.
Restrictions on the Right to Bail
In certain cases there is a restriction on the right to bail:
 Repeat serious offenders
 Where the current offence was committed whilst already on bail
 Adult drug users
Where an adult offender has tested positive for certain Class A
drugs s19 of the Criminal Justice Act 2003 places restrictions
on the granting of bail, where;
 the offender is either charged with possession or possession with
intent to supply a Class A drug
 the court is satisfied that there are substantial grounds for
believing that the misuse of a Class A drug caused or
contributed to the offence
 the offender has refused to agree to an assessment regarding
their dependency upon certain Class A drugs
Prosecution Appeals
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The Bail (Amendment) Act 1993 gives the
prosecution the right to appeal to a judge in the
Crown Court against the granting of bail. This
applies to any offence which is punishable with
imprisonment