Lecture 6 - Bail - Bail, what it is, bail conditions PDF

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Bail, what it is, bail conditions...

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Pre litigation procedures in Civil and Criminal Law Lecture 6

Bail What is Bail? The release of the defendant subject to a duty to surrender to the court at a specified time and date  Conditional – bail under conditions o e.g. provide current address, not to contact certain people, hand in passport to police, report to a police station etc.  Unconditional (without any conditions) Right to Bail? Yes subject to conditions Section 4, Bail Act 1976, a bail may be granted to: (a) A person accused of an offence who appears before a magistrates' court or the Crown Court in connection with proceedings for the offence. (b) A person accused of an offence who applies to a court for bail in connection with the proceedings. (c) A person who, having been convicted of an offence, appears before a magistrates' court to be dealt with for breach of a probation or community service order. (d) A person who has been convicted of an offence and whose case has been adjourned for reports to be obtained before sentence. Section 4 doesn’t apply if:  Police bail when defendant is charged at the police station (s. 38 PACE 1984)  On summary conviction where the offender appeals against conviction or sentence  On summary conviction where the magistrates’ court decides to commit the defendant to the Crown court for sentence When Bail isn’t available Section 25 CJPOA 1994 Bail not available for defendants charged with or convicted of homicide or rape after previous conviction of offences. Offences for which section applies include:  murder  attempted murder  manslaughter  rape Schedule 1, Bail Act 1976 Where the accused is charged with an offence punishable with imprisonment, he need not be granted bail in the following circumstances: (a) If the court is satisfied that there are substantial grounds for believing that the defendant, if released on bail, would: (i) fail to surrender to custody, or (ii) commit an offence while on bail, or (iii) interfere with witnesses or otherwise obstruct the course of justice. (b) If the court is satisfied that the defendant should be kept in custody for his own protection or, if he is a child or a young person, for his own welfare. (c) If the defendant is already in custody in pursuance of a court sentence.

Pre litigation procedures in Civil and Criminal Law Lecture 6 (d) If it has not been practicable for want of time to obtain sufficient information to enable the court to make its decision on bail. (e) If the defendant, having been released on bail, has been arrested for absconding or breaking the conditions of his bail. (f) If the offence is one triable on indictment or either way and the defendant was on bail in criminal proceedings on the date of the offence (as inserted by the CJPOA 1994). One of the exceptions is also terrorism-related offences -Anti Terrorism, Crime and Security Act 2001 Grounds for refusing bail Bail can be refused on the following grounds:  an indictable imprisonable offence (Part 1, Sch. 1 Bail Act 1976)  a summary only imprisonable offence (Part 1A, Sch. 1 Bail Act 1976)  a non-imprisonable offence (Part II, Sch. 1 Bail Act 1976) Grounds for denying bail for an indictable imprisonable offence Paragraph 2A of Schedule 1 to the Bail Act:  Defendant need not be granted bail, if the offence for which the defendant is before the Court is an indictable offence or an offence triable either way. o Indictable offences: Murder, manslaughter, robbery, serious harm (injury) o Either-way offences: Theft, burglary, handling stolen goods, bigamy, ABH, sexual activity with a child under the age of 16, possession/possession with intent to supply drugs (of Class A, B or C) and deception or fraud. Grounds for denying bail for a summary only imprisonable offence Part 1A, Sch. 1 BA 1976  Defendant, if released on bail (whether subject to conditions or not) would fail to surrender to custody;  Substantial grounds for believing that the defendant, if released on bail would commit an offence while on bail;  Defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare;  Substantial grounds for believing that the defendant, if released on bail would interfere with witnesses or otherwise obstruct the course of justice (whether in relation to himself or any other person). Part 1A also creates three new grounds for refusing bail in summary only imprisonable offences 1) if released on bail, the defendant would commit an offence resulting in physical or mental injury to any person, or that it will put any person in fear of such injury; 2) if the court does not have sufficient information to make the remand decision; or 3) if the exceptions applicable to drug users in certain areas (as set out in Schedule 1 paragraphs 6A to 6C of the Bail Act) apply. Grounds for denying bail for a non-imprisonable offence Part II, Sch. 1 BA 1976 Para 2, Part II, Schedule 1: defendant need not be granted bail if, inter alia:  previously on bail and failed to surrender to custody and the court believes, in view of that failure, that he would fail to surrender.  court satisfied that defendant should be kept in custody for his own protection or, if he is a child or young person, for his own welfare (para 3)

Pre litigation procedures in Civil and Criminal Law Lecture 6  

defendant already in custody in respect of any sentence (para 4) Where the defendant has been arrested under section 7 of the Bail Act 1976 and the court is satisfied that there are substantial grounds for believing that he would fail to surrender, commit further offences, interfere with witnesses or obstruct the course of justice, it need not grant bail: paragraph 5 of Part II of Schedule.

Bail conditions Section 3, Bail Act 1976 Possible conditions under s3:  the provision of sureties;  reporting;  residence and restrictions S7(3) Bail Act 1976: breach of a bail condition renders the defendant liable to arrest without a warrant by a constable. Common bail conditions  Exclusion from a certain area  Not to contact some or all of the witnesses  Curfew  Signing on at the police station  Surety/Security...