Criminal Process: Bail

Question 1

What is the limit on police bail without charge?

Answer 1

• Where a suspect has been released on police bail without charge, the maximum time they can be on bail is 28 days

Question 2

List the reasons for bail (4)

Answer 2

• Innocent until proven guilty
• Gives police time to gather evidence/witnesses
• Bail records
• Makes them traceable

Question 3

List the reasons against bail (3)

Answer 3

• They may offend again
• They could interfere with witnesses
• They could be a flight risk

Question 4

When can bail be restricted? (4)

Answer 4

• When a suspect tests positive for class As and the offence os one connected to class As
• Where the offence has been committed by somebody who is already on bail
• If they’ve served a custodial sentence for murder, manslaughter or rape and the current offence is one of them, the judge can only grant bail if there are no exceptional circumstances
• If it’s murder, only a Crown Court can grant bail

Question 5

What are the three types of police bail?

Answer 5

1) Bail without charge - on the condition that they return to the station at a certain date
2) Bail with charge - they must appear in Court for their trial
3) Street bail - for minor offences where there is no need to take them to the police station

Question 6

What conditions can be imposed on bail by the police and the courts? (6)

Answer 6

1) Curfew
2) Electronic tag
3) Sureties
4) Surrendering passport
5) Reporting regularly to the police station
6) Residence at a bail hostel

Question 7

What factors are taken into consideration by the courts when making the decision to grant bail? (4)

Answer 7

• The nature and seriousness of the offence
• The character, past record, associations and community ties of the defendant
• The defendant’s record of surrendering to bail on previous occasions
• The strength of the evidence against them

Question 8

Why may bail be refused? (4)

Answer 8

If there are substantial grounds for believing that the defendant would (if released):

• Fail to surrender to custody
• Commit an offence whilst on bail
• Interfere with witnesses or otherwise obstruct the course of justice
• Commit an offence against an associated person in a domestic violence case

Question 9

What are the advantages of bail? (3)

Answer 9

• Less people on remand so less cost to government
• Defendant can maintain employment and spend time with family
• Defendant won’t be restricted in terms of being able to meet their legal representative

Question 10

What are the disadvantages of bail? (4)

Answer 10

• Seems to be disparity in the interpretation of the Bail Act 1976
• Risk that defendant will interfere with witnesses or tamper with evidence
• 12% of bailed offenders don’t show up at trial
• Many people offend whilst on bail

Question 11

What did the emergency legislation - the Police (Detention and Bail) Act (2011) do?

Answer 11

• Reversed the effect of R v Hookway (2011) which means that periods on bail DO NOT COUNT towards the total detention period

Question 12

What happened in R v Hookway (2011)?

Answer 12

• It was decided that the clock is ‘ticking’ regardless of whether the suspect is being questioned or not

Question 13

Who can grant bail? (2)

Answer 13

• The police

- The courts

Question 14

What acts give the police power over bail? (3)

Answer 14

• Police and Criminal Evidence Act 1984
• Criminal Justice Public Order Act 1944
• Criminal Justice Act 2003

Question 15

What acts give the courts power over bail? (2)

Answer 15

• Bail Act 1976

- Legal Aid, Sentencing and Punishment of Offenders Act 2012