Bail

• What are the three categories of criminal offences?

  Summary, Indictable, and Either-way offences
• Where are summary offences tried?

  Magistrates' Court
• Which case gives us the 'Golden Thread' principle?


  Woolmington v DPP
• Where can the Magistrates' Court appeal to?


  Queen's Bench Division
• Where can the King's Bench Division appeal to?


  Supreme Court
• Where can the Crown Court appeal to?


  Queen's Bench Division
• What does an Early Administrative Hearing allow for?


  It allows for a quick decision on bail before trial.
• Who is the head of the CPS?

  The Director of Public Prosecutions
• How many geographical areas are there for the CPS?


  13
• What are the two tests that need to be satisfied by the CPS?


  Public interest test and evidential test
• How long can the police hold you for once you have been arrested?


  Up to 24 hours
• What is the exception to the 24-hour rule for police detention?


  Serious offences can extend detention up to 96 hours.
• What is the difference between bail and remand in custody?


  • Bail: Release from custody before trial or sentencing.
  • Remand: Detention in custody until trial or sentencing.
• Explain police powers to grant bail.

  Police can grant bail under specific conditions as per the Police and Criminal Evidence Act 1984.
• Explain the powers of the court to grant bail.

  Court can grant bail under the Bail Act 1976 after considering various factors.
• Evaluate arguments for and against bail.

  **Arguments for Bail:**

  • Suspects maintain employment and family ties.
  • Allows preparation for trial.
  • Reduces government costs.

  
  

  Arguments Against Bail:

  • Risk of reoffending.
  • Potential to interfere with witnesses.
  • Impact on victims due to delays.
• What is the definition of bail?


  Bail is a suspect's release from custody pending trial or sentence.
• What happens if bail is not granted?


  The suspect will be remanded in custody.
• What is the role of the custody officer after an arrest?


  The custody officer decides whether to charge the suspect or grant bail.
• What are the three situations in which police can grant bail?


  1. Suspect released without charge with a return date.
  2. Suspect charged and released until the Early Administrative Hearing.
  3. Street bail for minor offences.
• What is the 28-day limit for police bail?


  It is the maximum duration for which a suspect can be released without charge.
• What is the process if police refuse bail?


  The suspect must be brought before the Magistrates' Court as soon as possible.
• What does the presumption in favour of bail mean?


  It means bail should be granted unless there are substantial grounds for refusal.
• What factors are considered when deciding to grant bail?

  Nature of the offence, character of the suspect, and strength of evidence.
• What are the conditions that can be imposed on conditional bail?


  • Curfew
  • Electronic tagging
  • Sureties
  • Surrendering passport
  • Regular reporting to police
  • Residence at a bail hostel
• What were the amendments to the Bail Act 1976 about?


  They were made due to concerns that bail was being granted too freely.
• What is the significance of the statistics from the Ministry of Justice regarding crimes committed by those on bail?


  It highlights the risk of reoffending while on bail.
• What does s14 of the Criminal Justice Act 2003 state about bail for suspects already on bail?


  It states that bail will not be granted again unless there are exceptional circumstances.
• What are the restrictions on bail for repeat serious offences?


  Bail can only be granted in exceptional circumstances for suspects previously convicted of serious crimes.
• What happens if a suspect tests positive for Class A drugs?


  No bail will be granted if the offence is connected with drugs.
• What is the process for suspected terrorists regarding bail applications?

  They must apply to the Special Immigration Appeals Commission.
• What are the advantages and disadvantages of bail?


  Advantages:

  • Maintains suspect's life and relationships.
  • Allows preparation for trial.
  • Reduces government costs.

  
  

  Disadvantages:

  • Risk of reoffending.
  • Potential to interfere with justice.
  • Impact on victims due to delays.
• What is the impact of delays in court cases on victims?


  Delays can increase stress and risk for victims.
• What should be included in a Sections Sheet or Mindmap about bail?

  • Definition of bail
  • Police bail
  • Court bail
  • Factors to consider
  • Bail conditions