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Ch 8 - Bail - Coggle Diagram
Ch 8 - Bail
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2 types (court + police)
Court
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Character, past record (antecedents), associations and community ties.
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Concept
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Habeus Corpus (latin for show me the body/proof/evidence) --> Innocent until proven guilty = Article 5 and 6 of ECHR = gives the defendant the right/liberty and security so bail aligns with this.
Laws on bail
Police
CJPO 1994 - gives conditions for imposing bail e.g. curfew, electronic tag, surrendering passport, sureties.
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Court
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Need not grant bail if: fail to surrender to custody, commit an offence whilst on bail, interfere with witnesses or otherwise obstruct the course to justice.
Bail
Pre-trial matter to be decided in every criminal case whether the accused should stay in custody while awaiting trial or whether bail should be granted.
To be given bail means the accused is to be at liberty until the next stage in the case. The right to liberty is a human right.
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