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Describe how both the Police and the Courts Decide Matters Relating to the Granting of Bail to a Person awaiting Trial

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Introduction

Describe how both the Police and the Courts Decide Matters Relating to the Granting of Bail to a Person awaiting Trial Bail is when the police or the courts detain a person suspected of committing a crime to make further enquiries. The granting of bail is one of the important pre-trial matters. When a person is given bail it means that he is allowed to be at liberty until the next stage in the case. The procedures for whether bail should be granted or not are covered in The Bail Act 1976, the Criminal Justice and Public Order Act (CJPOA) 1994 and Section 38 of the Pace Act 1984. Both the police or the courts can grant or refuse bail, and I am going to discuss how they do it. The police may release a suspect on bail, on condition that the suspect agrees to return to the station at a given specific date and time. ...read more.

Middle

Common conditions include surrendering of the passport, reporting at regular intervals at the police station or to get another person to stand surety for him. A surety is a person who promises to pay a certain amount of money if the suspect fails to turn up on his set date. If the police decide to refuse bail to a suspect, then they must ensure the suspect is taken before a magistrate's court as soon as possible. However as usually happens, the magistrates cannot deal with the whole case straight away, in which case the magistrate must decide whether the suspect should be granted bail or remanded in custody. The key act that outlaws whether a person should be granted bail or not are set out in The Bail Act 1976. Section 4 of this Act states that a person should be granted bail on all cases, unless the court is satisfied that there are reasons for believing that if the defendant is released on bail, he is likely to fail to surrender to custody, commit an offence whilst on bail or interfere witnesses or obstruct the course of justice in anyway. ...read more.

Conclusion

The court can also place a condition in which the accused must stay at a certain address or at a bail hostel. Overall both the police can either grant or refuse bail. Bail must be granted on most cases, unless the police or the courts have reason to believe otherwise such the defendant would commit an offence whilst on crime or believe that the defendant will fail to surrender to custody. When granting bail the courts must consider the nature of the offence, the defendant's antecedents, previous bail records and whether the defendant turned up and the strength of the evidence against the defendant. Both the police and the courts can place conditions on the granting of bail such as the surrendering of passport. The procedures of granting bail are set out mainly in the Bail Act 1976. They are also set out in Section 38 of the Pace Act 1984 and the CJPOA Act 1994. ?? ?? ?? ?? Mohammed Bhana TG7 AS Level Law Criminal Law Page No.1 05/05/2007 ...read more.

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