English L- Bail

• What is bail?

  Bail is a suspect's release from custody.
• When can bail be granted?

  Bail can be granted before or after charge or pending trial or sentence.
• What happens if bail is not granted?

  The suspect will be remanded in custody.
• What is the relevant law for bail in the UK?

  The Bail Act 1976 governs bail laws.
• What percentage of magistrates cases were granted bail in 2022?

  15%
• What percentage of crown court cases were granted bail in 2022?

  5%
• What is the process from crime to bail decision?

  • Crime occurs
  • Arrest is made
  • Charging decision is made
  • If charged, the suspect may be granted bail
• What is the significance of section 9 of the Bail Act 1976?

  It outlines factors considered when deciding to grant bail.
• What factors are considered when deciding to grant bail?

  • Nature and seriousness of the offence
  • Character of the suspect
  • Community ties of the suspect
  • Past convictions
  • Strength of evidence against the suspect
  • Frequent drug misuse
  • Previous record of surrendering bail
• What are some conditions that can be placed on bail?

  • House arrest
  • Supervision order
  • Curfew
  • Drug tests
  • Restrictions on location/people
  • Surrendering passport
  • Electronic tagging
  • Residence at a bail hostel
• What is the maximum number of conditions that can be placed on bail?

  There is no limit to the number of conditions.
• What is the significance of the Criminal Justice and Public Order Act (1994) in relation to bail?

  It allows for conditions like house arrest and supervision orders.
• What happens if a suspect commits an offence while on bail?

  Bail will not be granted again except in exceptional circumstances.
• What types of serious offences can affect bail decisions?

  Repeat serious offences like manslaughter or rape.
• Who can grant bail for murder cases?

  Bail can only be granted by a Crown Court Judge.
• What is a potential disadvantage of granting bail?

  The defendant may tamper with or intimidate witnesses.
• What percentage of defendants fail to appear at trial?

  Approximately 12% fail to appear.
• What are the advantages and disadvantages of bail?

  Advantages:

  • Less cost for prison service
  • Allows for maintaining family and work life
  • Presumption of innocence

  
  

  Disadvantages:

  • Risk of tampering with witnesses
  • Risk of failing to appear for trial
  • Conditions may not prevent re-offending