• Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

Current system for granting or refusing bail.

Extracts from this document...

Introduction

a) Describe the current system for granting or refusing bail Bail can be granted by the police, magistrates, and the crown court. Bail is granted when a suspected offender is not remanded in custody. They are usually at liberty until the next stage of the case, usually trial. The Bail Act 1976 states that there is a presumption in favour of bail, but for an offence while already on bail, bail will only be given if the court is satisfied there are no significant risks of re-offending. There must also be exceptional circumstances for bail to be granted for murder, attempted murder, manslaughter, rape or attempted rape where the defendant has already served a custodial sentence for such an offence. These conditions are set out in s.56 of the Crime and Disorder act 1998. Bail can also be outright refused if there are reasonable grounds for believing that the defendant would fail to surrender, would commit further offence, or would interfere with witnesses. Bail can be unconditional where they will assume that the defendant will turn up, or there can be conditions imposed. ...read more.

Middle

When this occurs there is no right to bail. Restrictions can also apply to adult drug users. If tested positive for Class A drugs or possession / possession to supply Class A drugs, or if substantial grounds that misuse of Class A contributed to offence or that the offence was motivated wholly or partly due to intended misuse of drug. There can also be restricted bail if the defendant has refused to agree to participate in an assessment or follow-up in relation to his dependency upon or propensity to misuse Class A drugs. b) Discuss whether the criteria used by the police or the courts in deciding whether or not to grant bail for a serious offence is satisfactory When granting bail, it is important to balance the conflicting interests between statutory presumption and the need to protect the public. This is to say that it is important to note that the defendant is presumed innocent at this stage and entitled to his liberty, against the public interest to be protected from potentially dangerous criminals. ...read more.

Conclusion

However, it is argued that too many people are refused bail. Recent statistics indicate that 20% of those in prison and people who have not even been tried yet. If more decisions are made to remand, then more people are kept in custody who may not have abused their bail, which leads to more people losing their liberty and their jobs and home lives, which will continue to aid against prison overpopulation, even with offenders who have not been charged yet. Nevertheless, this can also be argued that in 1998 statistics show that 20% of defendants on bail commit at least one further offence and it is safer to have prisons being populated rather than potentially very dangerous criminals being let free until trial amongst society. The Criminal Justice and Public Order Act 1994 states that the presumption in favour of granting bail is removed when a person is charged with an offence (that can be tried in the Crown Court) while on bail for another offence. This is an attempt to keep a balance between the suspected criminals civil rights and the protection of the public. ?? ?? ?? ?? ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our AS and A Level Criminal Law section.

Found what you're looking for?

  • Start learning 29% faster today
  • 150,000+ documents available
  • Just £6.99 a month

Not the one? Search for your essay title...
  • Join over 1.2 million students every month
  • Accelerate your learning by 29%
  • Unlimited access from just £6.99 per month

See related essaysSee related essays

Related AS and A Level Criminal Law essays

  1. Compare the English legal system to that of two other countries

    However stipendiary magistrates or district judges do get paid and are trained in law. Whereas magistrates are only trained on how to be a magistrate. Magistrates must be between 27 and 65 and have good common sense. * Defence solicitors - lawyers that will try and get the accused the less sentence as possible.

  2. Free essay

    Jury and Magistrate Exam Questions

    All 12 jurors should reach the same verdict, but a majority verdict can be accepted by the judge when all of the juror cannot agree. In this situation at least ten of the jurors have to agree. The jury is independent and should be free from bias.

  1. Property Offences, Corporate Manslaughter and Police Powers of Search and Entry.

    The police must be cautious, they can only use these powers when it is necessary and that they do not get rid of any more material than needed. The removal of large volumes of material, much of it may not be ultimately retainable, this may have a serious implications for

  2. Human rights in Britain

    mobile-home owners who did not belong to the travelers population and their Article 14 (protection from discrimination) and Article 8 (right to respect for the home) had been violated. Conclusion In conclusion before the Human Rights Act civil liberties were not set out in an effective way, the UK Courts

  1. Torture And Terrorism

    "Furthermore, Pentagon officials headed by Vice President Cheney's office and by the pentagon's intelligence are decided to omit a key tenet of the Geneva Convention...which bans humiliating and degrading treatment" (Thomas). This is to allow some of the horrible treatment at Guantanamo Bay , Cuba .

  2. Sources of the English Legal System and the Relationship between Legislation and Judicial ...

    Consequently, the mischief rule goes further than either of the other rules. The mischief rule allows for better analysis into the position of the statute in relation to the law taken as a whole and provides the court with more latitude in their creation of the statute.

  1. Critically discuss the Labour Governments record of crime control since coming to power in ...

    crime prevention programmes; the BCS has shown that risks of crime are highest for young people, the unemployed, single parents, private renters, those living in inner-city areas, and in areas of high physical disorder. However, the current limitations of the BCS are indeed manifold, firstly with the limitation of coverage,

  2. How Satisfactory Is The Current Law On The Deception Offences?

    In Firth however which occurred in 1990 after the passing of the 1978 Act the courts came to the conclusion that where there was a duty to disclose information then a failure to do that was conduct and came with within the meaning of deception.

  • Over 160,000 pieces
    of student written work
  • Annotated by
    experienced teachers
  • Ideas and feedback to
    improve your own work