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

Outline the rights of a defendant to legal representation and bail

Extracts from this document...


Outline the rights of a defendant to legal representation and bail Bail is to attain the release from prison a person awaiting trial or an appeal, by the deposit of security to insure their compliance with certain bail regulations at the required time to the legal authorities. The financial value of the security, the bail bond, is set by the court over the prisoner. The security may be cash, papers giving title to a property, or by way of a guarantor (a person of means.) Failure of the person released on bail to surrender himself at the appointed time results in forfeiture of the security. Bail is usually granted in a civil arrest. Courts have greater discretion to grant or deny bail in the case of persons under criminal arrest, for example it is usually refused when the accused is charged with an indictable offence. Between 1979 and 1989, the prison population of England and Wales grew rapidly, 78% was attributed to the number of unconvicted persons awaiting trial. The overcrowding problems have led to pressure being placed on the government to reduce the prison population, especially the number of prisoners held on remand awaiting trial, many whom have had to be held in empty police cells on a temporary basis. ...read more.


Despite it obviously being very necessary to crackdown on bail bandits as they are endangering the public and making a mockery of the law, it does increase the prison population. There are a number of problems with the bail system. A high number of those refused bail are found not guilty, many are eventually given non-custodial sentences and too many people are being held in custody. There have, however, been several initiatives proposed and some implemented to assist the system such as Bail Support Schemes. These are set up to offer advice, counselling and surveillance to those who are granted bail. Bail Hostels are run by the probation service and offer accommodation for defendants awaiting trial which give the defendant freedom, whilst at the same time supervision. If a defendant decides not to have a lawyer to represent them at their trial, they could still instruct a solicitor to help them prepare their case and to represent them at the preliminary hearings, thus taking advantage of their knowledge of procedure, points of law and tactics. They could then 'sack' their solicitor just before the trial so that they can represent themselves. They may be able to get legal aid for their case, but even if the case is considered minor and would not entitle them to legal representation in court, a solicitor may still be able to advise them under the legal aid advice and assistance scheme. ...read more.


The Community Legal Service offers legal representation and help within all areas of civil courts. Private solicitors firms, Citizens Advice Bureaux's and salaried employees of the Community Legal Service, provide all CLS services. Many have blamed the government of trying to save money before justice, by having a fixed budget, and low boundaries for free legal aid and representation. Criminal legal aid has in the past and will still continue to be demand-led, meaning that civil law will get the remaining allowance when criminal legal aid is paid for, so the amount will vary from year to year, putting a strain on solicitors. Once the budget has run out, the government will not pay out any more funds, so any other cases left over are not even considered for legal aid and will be expected to fund the case themselves. Cases that may challenge any form of government action may be unable to find their way to court, as many solicitors are unlikely to take on the case for fear of losing their contracts and becoming unpopular with the government and officials. The system of using contracts has reduced the number of places to get advice and aid for free that the public can go to and many believe that there will continue to be a reduction in access to legal services. ...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 Machinery of Justice 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 Machinery of Justice essays

  1. Marked by a teacher

    Bail. Under S.4 of the Bail Act 1976 there is a presumption that ...

    3 star(s)

    The police can decide to release an arrested person or keep him in custody. Any person kept in custody after charge must be brought before a magistrate's court 'as soon as practicable'.

  2. The European Court of Justice ensures that European law is applied throughout the member ...

    The judiciary still uses Lord Denning Bulmer Guidelines; lower courts now have a greater willingness to refer to Art.267 procedure. In the case of Customs and Excise Commissioners v APs Samex (1983), Bingham J pointed out that, in interpreting European law, the Court of Justice has certain advantages over national

  1. What Impact will Formalising Plea Bargaining have on Justice and Equality in the English ...

    to one in which the accused is required to choose between a series of options which are more or less burdensome. Every incentive exists for the police and prosecution to rely upon a system of open discounts and penalties to pursue confessions instead of a thorough investigation.

  2. Describe how civil disputes can be resolved without going to court (this does not ...

    In conclusion the 1996 Arbitration Act compared with that of the 1950 one gives a lot more freedom to cooperate and act together towards a decision which will benefit both the parties. This includes giving both the parties more freedom of power collectively which it is hoped will lead to greater amounts of communication which is key to a resolution.

  1. Court proceedings.

    If the defendant has been convicted on other matters, the charge may be allowed to lie on the file or the prosecution may decide not to proceed. Normally, however, the defendant will be retired at a later date by a different jury.

  2. Notes on Sentencing in British courts

    Compensation Orders & Restitution Orders o Max in Mags �5000. must give reason why if don't use if have power to do so. o Restitution is property if still there is returned to victim. Deprivation and Forfeiture Orders o Court can take property used to commit a crime, e.g. car.

  1. Explain the requirements of lawful arrest and detention

    have nothing to hide then they will cooperate with the police but people that don?t cooperate with the police the show them that they have something hidden.

  2. Describe how matters relating to the granting of bail to a person awaiting trial ...

    If the offence is unlikely to ultimately result in a custodial sentence, it is more likely that D will be granted bail. If D has previously committed an indictable or triable either way offence whilst on bail, under CJPOA 1994 the presumption is that D will not be granted bail.

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