bail

• How long can the police hold you for once you have been arrested?

  Up to 24 hours
• What test is the exception to the 24-hour rule?

  Serious offences test
• What is the difference between bail and remand in custody?

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

  • Police can grant bail under:
  • s38 Police and Criminal Evidence Act 1984
  • s37 Police and Criminal Evidence Act 1984
  • s4 Criminal Justice Act 2003
• Explain powers of the court to grant bail.

  • Courts grant bail under:
  • Bail Act 1976
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Evaluate arguments for and against bail.

  For Bail:

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

  
  

  Against Bail:

  • Risk of reoffending
  • Potential to obstruct justice
  • Impact on victims
• What is the definition of bail?

  Release from custody pending trial or sentence
• What is police bail under s37 PACE 1984?

  Release without charge on conditions
• What is the 28-day limit for police bail?

  Maximum time before a decision is made
• What are the three situations where police can grant bail?

  Without charge, before hearing, street bail
• What can the custody officer do if bail is refused?

  Put the suspect before the Magistrates Court
• What is the presumption in favour of bail according to s4 Bail Act 1976?

  Bail should be granted unless substantial grounds exist
• What factors are considered when deciding to grant bail?

  Nature of offence, suspect's character, evidence strength
• What are some conditions that can be imposed on bail?

  Curfew, electronic tag, reporting to police
• What happens if a suspect tests positive for Class A drugs?

  No bail if offence is drug-related
• What is the impact of bail on victims?

  Delays in court cases increase stress
• What are the advantages and disadvantages of bail?

  Advantages:

  • Maintains suspect's life
  • Prepares for trial
  • Reduces government costs

  
  

  Disadvantages:

  • Risk of reoffending
  • Potential to obstruct justice
  • Impact on victims