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

The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in t

Extracts from this document...

Introduction

Bail assignment 2.11 a)The meaning of bail means a suspect/defendant is given liberty- the chance to go back to their ordinary lives, until the next stage of their case. The Bail Act 1976 gives a general right to bail, no matter how serious the offence. the 2003 criminal justice act amended this which restricted rights to adults who tested positive for class a drugs and refuse to be assessed or refused to participate in treatment. In the 1976 bail act if the defendant released on bail doesn't surrender to custody , they are automatically guilty of an offence. However the magistrates can refuse bail where there are substantial grounds to believe the defendant will: not surrender to bail, commit an offence, interfere with witnesses. when the court is deciding whether of not to grant bail they will consider certain factors such as the nature and seriousness of the offence. The courts are governed by the provisions found in the bail act 1976 and there is a presumptive right to bail under section 4 and it can only be refused on conditions set out in the act. but the underlying doctrine is clear -unnecessary resort to custody is legally wrong as it is morally offensive. ...read more.

Middle

Condition that are imposed by the courts to prevent suspects from not surrendering to court a few examples of these would be asking the suspect to surrender their passport to stop then from running away to another country, to report regularly to the police station to endure that that there trustworthy to be on bail and get another person to stand surety for them. Where an adult offender has tested positive for certain Class A drugs s19 of the Criminal Justice Act 2003 places restrictions on the granting of bail, where the defendant is believe to have taken drugs which was the caused or contributed to the offence and the defendant has refused to agree to an assessment regarding their dependency upon certain class a drugs A good way courts try to refute defendant from not surrendering to bail is sureties. A surety is a person ho is prepared to pay a significant amount of money to the court if the defendant fails to attend court. A surety cannot have a criminal record and would need to provide proof that necessary funds are available such as bank statements b)Only two applications of bail can be made, as it each process will cost time-as applications as to be thoroughly examined ...read more.

Conclusion

Prisoners have to fed and treated accordingly as the defendant have a fundamental human right that they are innocent until proven guilty and so should;d be treated better than a convicted criminal. These would include such things as getting more phone calls to family and friends ,the cost of one person isn't a lot but with thousands of people brought in each week it can cut a considerable amount of expenses. The major disadvantage that the state might face when granting bail is that the defendant may never come back, going on the run or fleeing the country. Although they get paid the bail amount from sureties there may be a dangerous criminal on the loose. In the long run this may also waste government spending trying to track down the individual. Many feel it would be safer to keep everyone detained. The advantages for the government and police on remand is that it looks good on them that there are trying to keep the public safe and thuis giving them a good image,that advantage of remand on the defendant is that it may keep the public safe if the defendant ids considered to be dangerous harm ...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)

    At present, the policy is leaning towards protection of the public. The defendant therefore, has a right to bail unless the court feels the suspect comes under one of the exceptions to the rule. Bail means a person is released under the duty to attend court or the police station

  2. Outline the rights of a defendant to legal representation and bail

    of the high court. However, the Bail Amendment Act 1993 gives the prosecution the right to appeal against a grant of bail by the magistrates to a person charged with an indictable offence. The police can decide to release an arrested person or keep them in custody but any person

  1. Microsoft Antitrust Case Microsoft is a large diversified computer software manufacturer. Microsoft produces ...

    Of course, this does not mean that adding such functionality did not violate antitrust law in general, but it does away with the idea that the government was tricked by Microsoft. The second argument of the plaintiffs makes no sense at all.

  2. If you were a suspect being questioned in a police station, which of your ...

    In addition, there is a possibility that remaining silent could lengthen my detention in a police cell since under section 37 of Police and Criminal evidence Act they are able to keep suspects to try and obtain more evidence.

  1. Criminal investigations and the criminal justice system

    Since 1966 they have worked to give ex-offenders, disadvantaged people and deprived communities the help they need to build a better future. Nacro's also has a prison development team works with prison governors and other staffs to enhance prison regimes in the areas of resettlement, race relations and the needs

  2. I will look at different black theologies and different theories of justice, and attempt ...

    If we do not assist those who are worse off than ourselves, then the onus is upon us to come up with a good argument or justification as to why we should not do so.4 Again, this theme of

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

    When considering whether D should be granted bail, the Magistrates Court take into account D?s antecedents and the nature and seriousness of the current offence of which D is charged with. They can also take into account things such as D?s associations and community ties.

  2. Expert Testimony and Its Value In the Justice System

    if it appears to the court that, having regard to all the circumstances, including the circumstances in which the evidence was obtained, the admission of the evidence would have such an adverse effect on the fairness of the proceedings that the court ought not to admit it.? The clear and

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