Assess Police powers to grant bail with reference to the Criminal Justice Act (2003) and the Police Justice Act (2006).
Bail in law is to attain the release from prison of 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.
Both the police and courts have the power to grant bail and can make a decision about holding an accused person in custody prior to conviction. Under criminal justice and public order act 1994 gave police power to impose conditions on a grant of bail. For example, surrendering one's passport, reporting regularly at a police station and for a person to stand as surety for them. The defendant can appeal against unfair bail conditions but this is rarely exercised. An appeal to a refusal of bail is decided upon by a judge in the chambers of the Queen's Bench Division (QBD) 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.
Bail in law is to attain the release from prison of 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.
Both the police and courts have the power to grant bail and can make a decision about holding an accused person in custody prior to conviction. Under criminal justice and public order act 1994 gave police power to impose conditions on a grant of bail. For example, surrendering one's passport, reporting regularly at a police station and for a person to stand as surety for them. The defendant can appeal against unfair bail conditions but this is rarely exercised. An appeal to a refusal of bail is decided upon by a judge in the chambers of the Queen's Bench Division (QBD) 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.
