Please enable JavaScript.
Coggle requires JavaScript to display documents.
Bail (Changes to Bail (Bail will only be granted in exceptional…
Bail
Changes to Bail
Bail will only be granted in exceptional circumstances for murder, attempted murder, manslaughter and rape if the defendant has already served a custodial sentence for the crime s56Crime and Disorder Act 1998 . Prior to Cabellero v UK 2000 the courts could deny bail induce cases however the ECHR held that denying regardless of circumstances was a breach of A5 ECHR.
One trigger for reform was the cases of Gary Wendell and Jonathan Vass. Wendell was on bail for the murder of his wife, he killed his mother in law and himself whilst on bail. bass was on bail for raping his girlfriend when he killed her. Mirder cases, bail can only be granted by a crown court judge (s115 Coroners and Justice Act 2009). There must be evidence from two doctors that the defendant doesn’t pose a threat.
-
If the defendant commits an offence on bail, bail will be refused if the court is satisfied that there is no significant risk that the accused will commit another (s14 CJA 2003)
The prosecution can appeal against the granting of bail in the Magistrates Court to the Crown Court under the Bail Ammendment Act 1993. Under LASPO they have the right to appeal from a decision in the Crown Court to the High Court. The defence gave the right to appeal to the crown court from the Magistrates where bail has been refused.
The Hookway Ruling: Athens ECtHrR ruled that police precharge bail could only last as long as the police could hold a defendant 96 days. The Police (Detenation and Bail) act 2011 was passed to amend the PACE so that bail was not linked to the time spent in custody (custody clock)
Types of bail
Police bail
-
Pre-charge bail s37 Bail Act 1976: if the custody officer doesn’t think there is enough evidence to charge. The Policing Crime Act 2017 introduced a 28 day time limit to stop the accused being left in legal limbo- Paul Gabuccini. Chris Jeffries was on bail for the murder of Joanna Yates but was never charged.
Street Bail Criminal Justice Act 2003: police officers can grant bail on the street for minor offences
Bail at court
Where the defendant has been charged and the police refuse bail, the defendant must be brought ibefore a Magistrates Court at the earliest opportunity. The Magistrates can vary conditions imposed by the police. Bail can be reconsidered at any time during the criminal process.
Factors taken into account when deciding bail schedule 1 Bail Act:
-nature and seriousness of the offence
-character, past criminal record, associations and community ties
-strength of evidence against him
Reasons for refusing bail:
-risk that the accused will fail to appear/ surrender for custdy
-risk that the accused will interfere with the course of justice
-risk that the accused will commit other offences
-the accused will be at risk of harm
-risk to public if released
-there is doubt of the suspect’s identity or adress
-Bail can be denied if there is a concern that the D might commit an offence involving domestic violence (LASPO 2012)
Conditional and Unconditional Bail: Since Criminal Justice and Public Order Act 1994, police have been able to attach conditions to bail. Conditions include: a curfew, surrender of passport, reporting to a police station, surety (when the court asks for a sum of money if the accused breaches their bail conditions Julian Asante failed to turn up to a court hearing and his bankers had to pay £93,500
Facts
Bail Act 1976. Under s4 there is a general presumption that bail will be granted. The presumption of innocence and the Right to Liberty A5 ECHR
When an person charged with a criminal offence is released from police custody until the date of the court hearing or they must appear at the station. If bail is not granted, d will be remanded into custody.
Evaluation
Advantages
There is a presumption in favour of bail (s4 Bail Act) which respects innocent until proven guilty and that innocent people have a right to liability (A5 ECHR)
Saves state money, it costs £45,000 a year to incarcerate an individual. According to Howard League, £230mn is spent helping people on remand in custody. MofJ showed in 2013, more than 35,000 held on remand were either acquitted or given a non custodial sentence. So tax payers money is often wasted for no good cause.
Liberty is respected. In the year ending April2017, 1.5m. Appeared before MC, only 10% were held on remand.
-
Bail can allow the accused to stay in employment and see his family, this is good if the accused is found innocent and also prevents the expense of friends and family having to visit a remand prisoner. The D retains his liberty and freely meet with his lawyers and prepare for his defence (A6 ECHR) .
There have been amendments to the Bail Act. Ther defence and prosecution can now appeal (s.18 CJA 2003). Bail can be denied in cases of murder, manslaughter and rape where the defendant has already served a custodial sentence for such offence. Although this was challenged in Cabellero v UK 2000, only in exceptional circumstances will bail be granted. Pre-charge bail has now been limited to 28 days (Policing and Crime Act 2017) which stops the accused being left in ‘legal limbo’. In 2013, 3,000 people had been bailed for more than 6 months . Paul Gambuccini and Freddie Star were jailed for over 1 year only to be found out they would not be charged. It is possible for this 28 day period to be extended.
The police power to grant bail (PACE) speeds up the administration of justice and reduces the burden on law magistrates from making all bail decisions. Their ability to grant street bail (CJA) frees up police time and maintains a presence on the streets.
Disadvantages
Those granted bail could interfere with witnesses or obstruct the court of justice. E.g. in the case of Karen Matthews who kidnapped her own daughter for money, could have concealed evidence if granted bail.
A large number of offences are committed by people on bail. 1/4 (2011 MofJ). Around 436 murders between 2000-2012 were commited by someone on bail. This undermines the economic advantage as more money is needed to further prosecute people.
There are safeguards in place, if d commits an offence or breaches his conditions he can have his bail revoked but it might be too late. E.g. in 2010, Jonathan Vass killed his partner while on bail.
Bail is inconsistent . The decision is based on objective criteria with reference to Bail Act and PACE but there is an element of subjectivity as Magistrates or Custody Officers decide.
There can be discrimination or favouritism. 1993- black defendants were more likely to be denied bail. More problems are highlighted with the Gary Wedelll case, he was accused on killing his wife, he killed his mother in law and himself whilst on bail. He had connections with legal professionals and was a former police officer. As a result, the law was reformed, s.115 Coroners and Justice Act 2009 states if the accused is charged of murder, bail decisions must be made by a Judge in the Crown Court and a D’s mental state must be assessed by a medical expert.
There is a risk of the D absconding or not surrendering to bail which causes more problems. Home Office statistics show 12% of bailed offenders fail to appear at their trial. This makes the process longer. Julian Assamge paid for his release but absconded, entering the Ecuador Embassy in 2012, breaching his bail conditions. Scotland Yard declared in 2015 it had spent £10mn providing 24 hour guard on the embassy, he is still there.
There is no compensation available to those who have been wrongly accused. In 2011, Chris Jeffries was on bail for the murder of Joanna Yates.l
The police and courts have to predict future behaviour , the decisions are often made within minutes so will lack consideration and informed judgement.
Conditions mean freedoms are limited, they are not even fully enforced and monitored due to lack of funding.