Law-Exchange.co.uk Powerpoint
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This document discusses bail in the UK legal system. It defines bail as when a defendant can return home until their next hearing, as opposed to being remanded in custody. It outlines the Bail Act of 1976, which states that all defendants have a right to bail unless they committed an indictable offense while on bail previously. There are exceptions where bail may be denied if the court believes the defendant will fail to surrender, break bail conditions, or commit further crimes. The document also describes conditional versus unconditional bail, with conditional bail allowing restrictions like curfews or reporting requirements.
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Law-Exchange.co.uk Powerpoint
- 2. Learning objectives To be able to relate the theory of bail to current cases To be able to classify bail actions with relevant Acts To be able to describe the difference between conditional and unconditional bail
- 3. Bail Considered at first attendance at magistrates court Bail means D can go home until date of next hearing Remanded in custody means no bail Police allowed to grant street bail at time of arrest, pay impose bail conditions under CJPO Act 1994
- 4. Right to bail 1 Bail Act 1976 Every D right to bail unless they have committed an either way or indictable offence whilst on bail @50,000 crimes a year in UK committed by people on bail
- 5. Right to bail 2 Crime and Disorder Act 1988 It is rare for bail to be granted in murder manslaughter and rape cases according to the Act
- 6. Exceptions to right to bail The D will not be granted bail of the court has substantial ground to believe they will do one of the following: ◦ Fail to surrender to bail (not turn up) ◦ D already on bail fro another indictable offence ◦ D broken bail conditions in the past ◦ D needs to be remanded in custody for their own protection ◦ Court has not had enough time ◦ D would commit more crimes if on bail
- 7. Magistrates decision Magistrates will take into account when considering bail, the following ◦ Seriousness of the crime ◦ Defendants' character ◦ Previous crimes committed whilst on bail in past
- 8. Withholding bail Withholding bail is used to protect the public Must not be overused Remanding in custody may be in breach of Human Rights Act 1998 (Article 5 Right to liberty) Court must specify reason why Must have substantial grounds
- 9. Appeals 1 in 15 people are acquitted at their trail, there is no compensation If remanded in custody you can appeal at next court hearing (8 days later) or apply to a crown court judge for bail P can also appeal (against bail) under Bail Amendment Act 1993
- 10. Penalty Failure to surrender to bail (not turn up) carries a penalty: ◦ Fine of up to £5,000 ◦ Imprisonment for 12 months
- 11. Types of bail Conditional v unconditional Bail Act 1976 Conditional: ◦ Reporting to police station everey day ◦ Living at a certain address ◦ Surrendering passport ◦ Providing surety (see next slide) ◦ Being under curfew ◦ Not being permitted to contact others in case
- 12. Surety “in criminal proceedings, a person who, with or without being required to post a sum of money or security, guarantees that an accused person who has been granted bail will appear for his or her trial and/or next scheduled court appearance”
- 13. Now try the case file and the Bail acts activities in your workbook.