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Bail (Murder/ serious offences (Following several high profile cases such…
Bail
Murder/ serious offences
Following several high profile cases such as that of Gary Weddell law on bail with regards to serious offences was reviewed.
Only Crown Court can consider bail since Coroners and Justice Act 2009. Bail only granted in exceptional circumstances - court satisfied there is no substantial risk.
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Evaluation
Strengths
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Police powers to grant bail since 1984 eases pressure off Magistrates Court and speeds up administration of justice.
Law on bail has been amended on a regular basis since 1976 Act (Policing and Crime Act 2018)- ensures law on bail has evolved to reflect balance between competing interests.
Criticisms
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20% of prison population is held on remand awaiting trial. Prison Reform Trust argues this figure is disproportionate to percentage of those who will not be given prison sentence.
Varying problems with pre-charge bail resulting in new law being required. (Police and Crime Act 2017.
Bail decisions are complex as they involve intricate risk assessment and the need to balance competing interests. Law on Bail must uphold and reflect this. Estimates £230m spent on unnecessarily keeping people on remand (Prison Reform Trust).
Court bail
Where Police refuse Bail, must be bail hearing asap at Magistrates Court who then make ruling. Schedule 1 Bail Act 1976 sets out grounds for refusing bail.
-Fail to surrender to custody
-Commit offence whilst on bail
-Interfere with witnesses or obstruct course of justice
Police bail
Under s.38 PACE 1984, Custody Officer makes decision to grant bail. Criminal Justice and Public order Act 1994 states this can be with or without conditions. If refused, D must have Bail hearing.
Pre-charge bail
Used when Police have insufficient evidence to charge but want to continue investigation. Police and Crime Act 2017 places 28 day limit on this.
Street bail
Used by police in relation to minor offences - introduced by Criminal Justice Act 2003. No requirement for D to be taken to Police Station, saves Police resources.
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Bail is when a person charged with a criminal offence is released from custody until the date of court hearing. Where bail is not granted, person will be remanded in custody until court hearing.