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

"The Law relating to bail strikes a fair balance between the unconvicted person's right to remain at liberty while awaiting trial, and the need to protect the public against the commission of further offences" Discuss.

Extracts from this document...

Introduction

"The Law relating to bail strikes a fair balance between the unconvicted person's right to remain at liberty while awaiting trial, and the need to protect the public against the commission of further offences" Discuss. Bail in law, procurement of release from prison of a person awaiting trial or an appeal, by the deposit of security to insure his submission at the required time to legal authority. The monetary value of the security-known also as the bail, or, more accurately, the bail bond-is set by the court having jurisdiction over the prisoner. The security may be cash, the papers giving title to property, or the bond of private persons of means or of a professional bondsman or bonding company. 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, e.g., it is usually refused when the accused is charged with homicide. ...read more.

Middle

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 b refused on conditions set out in the Act. The underlying doctrine is very clear - unnecessary resort to custody is as legally wrong as it is morally offensive. But there are three principles which should guide decision makers in their treatment of the defendant and this are: > Justice delayed is justice denied > The public has a right to be protected against individuals who could pose a threat > Unconvicted person must presumed to be innocent and treated accordingly. The presumption under section 4 Bail Act 1976 is that unconvicted suspects will be given bail. This ties in with the fact that everyone is innocent until proven guilty. The court will also consider whether the accused should be kept in custody for their own protection or will not grant bail where the accused is already serving a prison sentence or where there has been insufficient time to obtain information as to the criteria for bail. ...read more.

Conclusion

The CJPOA 1994 was partly aimed at cracking down on bail bandits. It states that no bail will be granted to suspects who offend whilst on bail. It has been estimated that 25% of offenders commit offence whilst on bail. But it is very necessary to crackdown on the bail bandits as they are endangering the public and making a mockery of the law but it does increase the prison population. There are a number of problems with the bail system such as: > A high number of those refused bail are acquitted > Many are eventually given non-custodial sentences > Too many people are being held in custody > Periods of remand are too high. But there have been several initiatives proposed and some implemented to assist the system such as: > Bail Support Schemes: they are set up to offer advice, counselling and surveillance to those who are granted bail > Bail Hostels: these are run by the probation service and offers accommodation for defendants awaiting trial. This gives the defendant freedom, whilst at the same time supervision. > The government are currently preparing a Criminal Justice Bill, which would Further restrict the use of bail. Sundeep Kaur Pool Hayes Community School A2 Law Assignment 3.6 ...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 a given time where as remand in custody is when the defendant is not given bail but has to stay in prison while waiting for the next stage of the criminal process in his case. Remand on bail means that the defendant is allowed to be at liberty while

  2. Marked by a teacher

    Non-fatal Offences?

    3 star(s)

    47, 'grievous' s20, s18 ,'maliciously' in s.18 and 'inflict' s20. For example, there were considerable debates as to whether the word 'inflict' meant that technical assault had to take place. Nonetheless this was resolved in the case of Burtstow where it was ruled that it did not.

  1. POLICE POWERS

    PACE uses the phrase summary arrest to mean arrest without a warrant and lists the arrestable offences for which the police can arrest without a warrant. The following are arrestable offences: Offences for which the sentence is fixed by law - including murder - life imprisonment.

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

    kept in custody after being charged must be brought before a magistrates court as soon as practicable. However, the police may decide to release the suspect on bail. If bail is granted then the suspect is released under a duty to attend court or the police station at a given time.

  1. "If the Constitution is the source of governmental power, and the judiciary interprets the ...

    What I have described above is the intellectual basis for the power that this most powerful of courts has. The question that now needs to be posed when deciding if the "judiciary is the most powerful branch of government. Discuss" is what kind of power this intellectual basis grants to the Judiciary and in particular the Supreme Court.

  2. Describe with the aid of examples, the authorities, representative bodies or persons that exercise ...

    arrangement in relation to debts, liabilities and claims of the company present or future, certain or contingent, ascertained or which may be due in damages, subsisting or supposed to subsist between the company and a contributory or alleged contributory or other debtor or alleged debtor, and all questions in any

  1. Explain the role of the CCRC (Criminal Cases Review Commission)

    1998 the Court of Appeal held that the summing up by the Judge was not satisfactory and quashed the conviction. Derek Bentley was a 19 year old boy hung after last-minute appeals for clemency were rejected. Bentley was sentenced to death on 11 December for killing Pc Miles during a bungled break-in at a warehouse in Croydon, Surrey.

  2. Expert Testimony and Its Value In the Justice System

    If was explained in that if only one person in every million has a DNA profile that matches the one left at the crime scene and the defendant has a matching DNA profile then there is a million to one probability that the defendant left the crime scene and is guilty of the crime.

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