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

Outline the main provisions for he Bail Act 1976 (as amended).

Extracts from this document...

Introduction

Annie Fish a) Outline the main provisions for he Bail Act 1976 ( as amended) Once a person has been deprived of their liberty, the question arises (under PACE s47) whether they should be detained. They may be released on bail before a trial or before committal for trial by the police or by the magistrates or by the Crown Court. Bail is extremely important to a suspect. Apart from the obvious unpleasantness of being locked up, the suspect may become unemployed and will find it difficult to consult with lawyers and prepare an adequate defence. The refusal of bail can have a significant effect on the case. Research suggests that suspects detained in custody pending trial are more likely to plead guilty, to be convicted, and to be imprisoned than suspects who were granted bail. Under section 4 of the Bail Act of 1976 there is now a assumption that an accused person should be granted bail. Both the Bail Act of 1976 and the Human Rights Convention state that a defendant has the right to bail. This is true in the majority of circumstances, though this is limited for certain cases. The exceptions are: * Where a person is charged with treason * Where a defendant has been convicted and a custodial sentence person is appealing to the Crown Court or the High Court. ...read more.

Middle

These are similar to conditions which can be set by the police and may include the surrender of passport and / or reporting to a police station. The court can also make a condition as to where the accused must reside while on bail - this could be at the home address or at a bail hostel. The court (and the police) can require a surety for bail. Another person promises to pay the court a certain sum of money if the defendant fails to attend court. The magistrates' court not only deal with bail from the time of first appearance but may confirm, vary or remove conditions of police bail or remand a defendant in custody. The Bail (Amendment )Act 1993 gave the prosecution the right to appeal to a judge at the Crown Court against the granting of bail provided : * The offence charged carries a maximum sentence of at least 5 years imprisonment, or is the offence of taking a conveyance without consent * The prosecution objected to bail * The prosecution give immediate verbal notice of the interaction to appeal followed by a written notice to the magistrates within 2 hours. The criminal justice and Public order Act s 26 amended the Bail Act so that the presumption in favour of bail is removed where it appears that the defendant has committed a triable either way offence or an indictable offence, while already on bail for another offence (However, the court can still grant bail). ...read more.

Conclusion

against the needs of the public to be protected from potentially dangerous criminals. Many people think that more defendants could be safely released into the community pending trial. In 1994, 23% of defendants remanded in custody at some stage were acquitted (or their case was not proceeded with) and a further 34% ultimately received a non-custodial sentence. There is growing evidence that magistrates are increasingly less likely to 'rubber stamp' objections to bail. A Home office survey suggested that about 10% of those on bail commit further offences during the bail period (known as Bail bandits). The changes made by the Bail (Amendment) Act of 1993 and the Criminal Justice and Public Order Act 1994 are attempts to keep the balance between defendants civil rights and the protection of the public. For defendants who are homeless and have no fixed address bail hostels run by the probation service provide some degree of supervision for defendants who would otherwise have no bail. 'Electronic tagging' with curfew orders are now being used more often as a condition of bail. At a time of prison overcrowding it is now very important that something is done for practical and for moral reasons to keep people out of prison. About 20% of people in our prisons are defendants who have not been tried, but are remanded in custody. They will not be entitled to any compensation for their time they have spent in prison. ...read more.

The above preview is unformatted text

This student written piece of work is one of many that can be found in our GCSE 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 GCSE Law essays

  1. Marked by a teacher

    abortion research

    4 star(s)

    These atheists find abortion morally troubling at the very least, but think that criminalizing abortion would only be worse. They probably wouldn't choose abortion for themselves and might counsel against it, but insist that it remain legal. Pro-Choice, Pro-Abortion Atheists: Not all supporters of abortion rights also have moral qualms about people choosing it.

  2. Marked by a teacher

    The Police and Criminal Evidence Acts 1984-provides an effective balance between the powers of ...

    3 star(s)

    desired to enter and search; * to identify, so far as is practicable, the article or persons to be sought.

  1. Criminal Law (Offences against the person) - revision notes

    The blurring of the distinction between provocation and diminished responsibility R v Luc Theit Thuan (1996) - Brain damage was a control factor and not accepted as provocation as it hinted at diminished responsibility. This become very persuasive precedent as it was decided in the Privy Council R v Smith (2000)

  2. What is an indictable offence and how is it brought to trial?

    The defendant may give evidence on his own behalf. He is not obliged to do so, but if he does not do so the jury can draw inferences from that refusal, just as the magistrates can in a summary trial.

  1. It is a matter of record there is no such thing as a right ...

    This leads to the concern that the development of confidence as a remedy for privacy will pose a risk to the freedom of the press, and therefore may place Article 10 into abeyance. However cases after the HRA 1998 and even directions from Strasburg, demonstrate that this will not be

  2. Explain the need for discipline in at least two public services. Analyse the role ...

    time once he inside the house he has the idea that he can stay a little longer and go about it differently and he decides to do so. Outside the team members are waiting for him ad decide that something must of happened to him so although the victims have

  1. Property, Liberty, and the Law

    States of America, it states that the constitution will attempt "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." With this statement come moral dilemmas.

  2. The Law Relating to Negotiable Instruments

    his customers' checks unless there are valid reasons for refusing payment of the same. In case he dishonors a check without justification he is liable to compensate the customer (i.e., the drawer) for any loss or any damage caused by such default (Sec.

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