BAIL

WHAT IS BAIL? 🔍

SECTION 3: Temporary Release of a suspect 🏃

REMAND: Suspect isn't released, bail is refused. ❌

POLICE & CRIME ACT 2017: 28 day bail ⏰

SENTENCING & COURTS ACT 2022: Three Month bail extension ⛓

SURETY: A sum of money paid to the court if the defendant breaks any of the conditions 💰

SECTION 4: Bail is Presumed, burden of proof is on the prosecution 👨‍⚖️

TYPES OF BAIL? ❓

CONDITIONAL BAIL

UNCONDITIONAL BAIL

PUBLIC ORDER ACT 1994 Courts can place as many conditions as they like

RESTRICTIONS ON BAIL ⛓

SECTION 14 CRIMINAL JUSTICE ACT 2003: Bail is refused if another offence was committed ❗

SECTION 19 CRIMINAL JUSTICE ACT 2003: Suspect is refused bail if tested positive for a class A drug 💉

SECTION 56 CRIME AND DISORDER ACT 1998: Bail is refused if the case involves murder 🔪

SECTION 24 ANTI-TERRORISM ACT 2001: Bail Applications for terrorism are forwarded to S.P.I.A.C ✈

SECTION 18 CRIMINAL JUSTICE ACT 2003: Prosecution can appeal to refuse bail

SECTION 25 CRIMINAL JUSTICE ACT 2003: Courts barred from granting bail on manslaughter/rape ♂♀

BREACH! Article 5 from Cabellero v UK (2005)

KEY CASES 📜

DAVE LEE TRAVIS [2014]

GARY WEDDELL [2008]

RYAN CLEARY [2012]

JULIAN ASSANGE [2011]

MICHEAL DONOVAN [2008]

Refused bail due to failure in surrendering to bail 🏳

Killed again whilst on bail 🔫

Awarded bail after 11 counts of indecent assault on women 👩

Refused bail on possessing 40 images of children 👦

Bail was awarded in him wearing an electronic tag for organized crime 🖥

SECTION 5 BAIL ACT 1976: Refusal of bail must give a provided and legitimate reason 👮‍♂️

STATISTICS📈

DISADVANTAGES

NON-REAL PROSPECT TEST Certain exceptions to bail where remand shouldn't be given for an un-convicted defendant

ADVANTAGES

1. Suspects typically re-offend

2. Suspects can usually abscond the country

3. 1 out of 10 kill whilst on bail (Johnathan Vass)

CORONERS ACT 2009 Murder bail

1. Article 5 is respect

  1. Known to prevent suicide

3. Upholds "Innocent until proven guilty" Article 6

  1. 16% of Burglaries are committed whilst on bail

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  1. Many pieces of legislation, makes consolidating the law difficult by parliament