Rules and Theory of Criminal Law Bail

Rules and Theory of Criminal Law Bail

Questions on Bail What is the difference between bail and remand? What factors do you think influence the court/police whether to grant bail or not?

POLICE BAIL Police & Criminal Evidence Act 1984 Criminal Justice & Public Order Act 1994 Criminal Justice Act 2003 COURT BAIL Bail Act 1976 Coroners and Justice Act 2009

POLICE BAIL POLICE & CRIMINAL EVIDENCE ACT 1984 CRIMINAL JUSTICE & PUBLIC ORDER ACT 1994 Criminal Justice Act 2003

Police Bail Street Bail – CJA 2003 Bail before charge Bail after charge Police & Criminal Evidence Act 1984 – S 38 Custody Officer must release unless: Refused name and address Doubts over name and address Own protection, or protection of others Absconding Interference with witnesses.

Bail Act 1976 Court Bail Section 4 – Presumption In Favour Of Bail Paragraph 9 Factors: Nature & Seriousness of the offence and method of dealing with it Character, Antecedents, Associations and community ties. Previous grants of bail Evidence Any other factors.

Bail Act 1976 CONDITIONS: Passport Curfew Report to police station Bail hostel Residence order Surety/security Any other relevant conditions